I 


^-    \:Jt 


•I 


-^  ^ 


._^^.-^^^*^     X^ 


I 


¥ 


iT 


'*%:EK  ' 


^THE   L^WS 


• 


AND 


jaEVISED   ORDINANCES 


OP  THE 


W  5 


43X1  OF  NEW   ORLEANS. 


'i. 


k 


■«(• 


*. 


r^    #       «i 


IP' 


M 


i 


THE    LAWS 


GENERAL  ORDINANCES 


OF   THE 


CITY  OF  NEW  ORLEANS, 


TOGETHEU  WITH  IITE 

ACTS  OF  THE  LEGISLATURE,  DECISIONS  OP  THE  SUPREME  COURT, 

AND  CONSTITUTIONAL  PROVISIONS,   RELATING 

TO  THE  CITY  GOVERNMENT. 


REVISED    AND    DIGESTED, 

PURSUANT  TO  AN  ORDER  OF  THE  COMMON  COUNCIL, 
BY 

HENRY    J.    LEOVY. 


NEW  ORLEANS: 

PRINTED  BY  E.  C.  WHARTON,  41  CAMP  STREET. 

1857. 


Entered  according  to  Act  of  Congress,  in  the  year  1857,  by 

HENRY   J.    LEOVY, 

In  tlie  Clerk's  Office  of  the  District  Court  of  the  United  States,  for  the 

Eastern  District  of  Louisiana. 


ffc^ 


PREFACE 


In  July  last  the  Common  Council  passed  a  resolution  directing  the 
reviser  to  prepare  and  publish  all  the  general  ordinances  of  the  city 
of  New  Orleans,  then  in  existence,  together  with  Acts  of  the  Legisla- 
lature  and  Decisions  of  the  Supreme  Court  relating  to  the  City  G-ov- 
ernment.  They  also  authorized  him  to  frame,  from  imperfect  and 
conflicting  ordinances,  new  city  laws  for  the  action  of  the  council. 
Under  that  resolution  this  work  was  compiled. 

In  order  to  ascertain  what  city  laws  remained  in  existence,  it  became 
necessary  to  carefully  examine  all  ordinances  enacted  by  the  several 
municipality  and  city  councils  from  the  time  of  the  incorporation  of 
the  city  in  1805,  to  the  present  year.  During  that  period  of  over  half 
a  century,  few  digests  were  published,  and  many  of  the  ordinances  in- 
corporated in  this  book  were  contained  only  in  old  files  of  newspapers 
and  manuscript  works. 

Some  idea  of  the  extent  of  the  labor  may  be  inferred  from  the  fact 
that,  since  the  consolidation  of  the  city  in  1852,  a  period  of  but  four 
years,  the  Common  Council  have  adopted  over  thirty -three  hundred 
ordinances  and  resolutions.  All  these  it  was  necessary  to  carefully 
examine,  not  only  for  the  purpose  of  selecting  such  city  laws  as 
remained  in  existence,  but  in  order  to  ascertain  how  far  they  repealed  ^ 
modified  or  controlled  ordinances  previously  enacted. 

Under  the  authority  to  prepare  new  ordinances  the  compiler  wrote 
and  submitted  to  the  council  those  relative  to  ^^  Offenses  and  Nuisances/^ 
"Balls,  Theaters,  etc. /^  "Coffee  Houses/^  "Cemeteries  and  Inter- 
ments;" "Buildings/^  "Fire  Limits;"  "Preventing  and  Extinguishing 
Fires;"  "Powder  and  Powder  Magazines;"  " Negro  Traders;"  "Trees;" 
"Stables:"    "Vehicles,"  etc.,  which  were  all  adopted. 


VI.  PREFACE. 

It  will  be  observed  that  bis  authority  to  prepare  new  laws  was  con- 
fined to  cases  of  conflicting  and  imperfect  ordinances.  He  was  therefore 
without  power  to  correct  mere  verbal  inaccuracies,  of  which,  it  is 
feared,  too  many  will  be  found  in  this  book. 

It  is  hoped  that  this  statement  of  the  difficulties  with  which  he  has 
had  to  contend,  and  the  short  time  allotted  for  preparation,  will  suffi- 
ciently account  for  the  imperfections  of  the  work. 

All  the  ordinances  are  here  printed  as  they  were  adopted,  except  that 
in  most  instances  the  enacting  clauses  are  omitted.  Where  acts  of  the 
Legislature  have  been  found  too  long  for  insertion,  the  compiler  was 
unable  to  do  more  than  refer  to  the  volumes  and  pages,  in  which  they 
were  to  be  found.  In  the  citations  of  Decisions  of  the  Supreme  Court 
to  the  sixth  Annual,  he  has  made  free  use  of  Mr.  Hennen's  excellent 
Digest  of  Supreme  Court  Decisions. 

It  would  be  unjust  to  omit  here  an  acknowledgement  of  the  services 
of  the  finance  committees  of  the  Common  Council,  of  whom  Messrs.  L . 
H.  Place  and  N.  E.  Bailey  are  the  efficient  chairmen.  To  these 
gentlemen  the  compiler  is  under  obligations  for  their  suggestions  and 
efficient  co-operation. 


t>^<#»-*M. 


^ 


INTRODUCTION, 

HISTORICAL    SYNOPSIS. 


mmm^ 


In  April,  1682,  Robert  Chevalier  de  1^  Salle,  un^er  the  patronage 
of  Lqjjjs  Xiy  and  the  Prince  de  Conti,  descendejj  and  explored  to 
its  month  theMississmgi  river.  After  an  observance  of  the  usual  cere- 
monies, he  assumed  possession  of  the  country,  and  claimed  for  France, 
by  right  of  discovery,  the  vast  territory  through  which  the  river  flowed, 
and  in  honor  of  his  sovereign,  gave  to  it  the  name  of  "  Louisiane.'* 

In  1687,  La  Salle  lost  his  life  in  an  attempt  to  colonize  this  country. 
After  his  death,  Louisiana  seems  to  have  been  forgotten  by  the  French 
court  until  the  year  1697,  when  a  second  and  more  successful  effort  was 
made  to  plant  a  settlement  in  the  country,  by  a  company  under  the 
command  of  Lemoyne  d' Iberville,  during  the  administration  of  the 
Count  de  Pontchartrain.  This  party,  early  in  1699,  landed  on  the  coast 
at  a  place  they  called  the  Bay  of  St.  Louis,  but  subsequently  effected  a 
settlement  at  the  Indian  village  of  BiLOXi,  where  for  many  years  were 
established  the  head  quarters  of  the  Louisiana  colony.  Antoine  Le- 
moyne SauvoUe,  brother  of  Iberville,  was  appointed  the  first  Grovernor, 
and  another  of  the  brothers — Lemoyne  Bienville — the  first  Lieutenant 
Governor  of  Louisiana. 

On  the  14th  September,  1712,  Louis  XIV  granted  to  Anthony 
Crozat,  by  charter,  the  exclusive  commerce  for  ten  years  of  this  province, 
with  many  extraordinary  privileges,  and  extended  over  the  country 
the  laws,  edicts  and  ordinances  of  the  realm,  and  the  Custom  of  Paris. 
Lamotte  Cadillac  was  appointed  Governor.  By  a  perpetual  edict, 
Louis  XV,  in  1716,  permanently  established  the  Superior  Council.     It 


mE 


Vlll.  W^x.  INTRODUCTION. 

was  composed  of  the  Grovernor  General  and  Intendant  of  New  France, 
the  Governor  of  Louisiana,  a  Senior  Counsellor,  the  King's  Lieutenant, 
two  puisne  Counsellors  and  an  Attorney  General.  Its  sessions  were  held 
monthly,  and  it  exercised  the  usual  powers  of  colonial  councils,  and  among 
others  the  right  to  determine,  in  the  last  resort,  all  cases,  both  civil  and 
criminal.  In  provisional  matters,  such  as  in  affixing  seals,  making  inven- 
tories, etc.,  the  senior  counsellor  officiated  and  presided  as  a  judge  of 
the  first  instance. 

Crozat  had  hoped  to  carry  on.  an  extensive  commerce  with  the  Spanish 
colonies.  In  this  expectation  he  was  disappointed,  as  the  Spaniards,  at 
the  request  of  the  English  government,  refused  to  permit  French  vessels 
to  enter  their  colonial  p¥>¥tes?»  Disappointed,  and  himself  and  friends 
i-uined,  Crozat,  in  Mij,»u1j  1717,  surrendered  to  his  sovereign  his  -eharter 
and  commercial  rights  and  privileges.  At  the  *tima  of-this  surrender, 
the  whole  population  of  the  colony — all  ages,  sexes  and  colors — did  not 
exceed  seven  hundred  persons. 

In  August,  1717,  the  ^'Western  Company"  was  organized  and  incor- 
porated in  France.  To  this  company  the  King  granted  letters-patent, 
vesting  in  them  the  exclusive  commerce  of  Louisiana  for  twenty-five 
years;  the  privilege  of  granting  land  allodially;  of  erecting  forts 
and  levying  troops;  of  nominating  governors  and  commanding  officers, 
and  the  right  to  exercise  full  authority  over  all  land,  coasts,  harbors  and 
islands  within  the  limits  of  Louisiana,  together  with  unusual  and  very 
extensive  incidental  powers. 

Finding  Biloxi  ill  adapted  to  the  requirements  of  a  seat  of  government, 
Bienville  in  1718,  selected  the  site  and  founded  the  city  of  New  Orleans. 
Two  plans  for  the  city  seem  to  have  been  executed — one  in  1719  by  M. 
de  la  Tour,  chief  engineer  of  the  province,  and  the  other  in  1723  by  M. 
de  Pauger,  a  royal  engineer  employed  by  the  Western  Company.  The  land 
was  laid  off  into  sixty-six  squares  of  three  hundred  feet  each — eleven  in 
length  along  the  river,  and  six  in  depth,  with  a  protection  levee  exten- 
ding some  seven  miles  in  front.  The  squares  were  separated  by  streets, 
and  were  each  divided  into  twelve  lots,  of  which  ten  had  sixty  feet  front 
by  one  hundred  and  fifty  feet  in  depth.  A.s  the  city  was  subject  to  annual 
inundations,  everj  square  was  surrounded  by  a  ditch  or  drain  to  carry  off 


& 


m 


INTRODtJCTION.  ll. 

the  water.    The  lots  were  gratuitously  divided  among  the  resident  pop- 
ulation. 

In  January,  1722,  when  it  became  the  seat  of  government  for  the  whole 
Louisiana  colony,  it  contained  but  two  hundred  inhabitants,  and  consisted 
of  ^^about  one  hundred  log  cabins,  placed  without  much  order,  a  large 
wooden  warehouse,  two  or  three  dwelling  houses  that  would  not  have 
adorned  a  village,  and  a  miserable  storehouse,  which  had  at  first  been 
occupied  as  a  chapel.'*  Subsequently,  and  up  to  the  date  of  the  transfer 
to  the  United  States,  it  was  regularly  fortified  and  the  inhabitants  obtained 
ingress  and  egress  by  means  of  four  large  gates.  The  fortifications  were 
^, defended  by  military  works  and  mounted  with  heavy  cannon ;  the  gates 
were  closed  every  night  at  nine  o'clock,  after  which  hour  no  one  was 
permitted  to  walk  the  streets  without  permission  of  the  Grovernor. 

From  time  to  time  plantations  were  established  in  the  vicinity  above 
and  below  the  city,  which  were  subsequently  included  within  its  incor- 
porated limits. 

At  about  the  time  of  the  removal  of  the  capital  to  New  Orleans,  Louisi- 
ana was  divided  into  nine  cantons  which  were  named  New  Orleans,  Biloxi, 
Mobile,  Alabamons,  Natchez,  Nachitoches,  Yazoo,  Arkansas  and  Illinois. 
In  1719,'some  changes  were  made  in  the  organization  of  the  Superior 
Council, and  incompliance  with  the  demands  of  the  people,  judges  were 
appointed  for  the  several  districts  of  the  province.  Inferior  tribunals 
were  also  established,  composed  of  one  director  of  the  company  and 
two  notable  inhabitants  for  civil  suits,  and  four  inhabitants  for  criminal 
causes,  with  power  of  appeal  to  the  Superior  Council.  In  the  city,  two 
•  of  the  members  of  the  council  held  weekly  sessions  to  try  cases  where 
the  amount  involved  did  not  exceed  twenty-two  dollars. 

The  Western  Company  failing  in  their  anticipations,  surrendered  their 
charter  to  the  King,  in  January  1732,  and  the  commerce  of  the  colony 
thenceforth  became  equally  free  to  all  French  subjects.  Judge  Martin, 
in  his. history,  says,  ^'It  cannot  be  denied,  that  while  Louisiana  was  part 
of  the  dominion  of  France,  it  never  prospered  but  during  the  fourteen 
years  of  the  company^s  privilege.'* 

After  the  relinquishment  of  the  charter,  the  Superior  Council  was 
remodeled    to    adapt  it   to  the  changes  in    the  administration,  and 

B* 


X.  INTRODUCTION. 

during  the  remainder   of  the  French  reign,  the  affairs  of  the  colony 
were  directly  superintended  by  the  French  Government. 

On  the  third  of  November,  1762,  a  secret  treaty  was  signed  at  Paris, 
between  France  and  Spain,  by  which  the  French  King  ceded  to  the  Span- 
iards all  of  the  province  of  Louisiana,  lying  to  the  west  of  the  Mississippi, 
and  that  portion  lying  to  the  east  bound'ed  by  the  river  Iberville,  lake 
Maurepas  and  Pontchartrain,  the  Gulf  and  the  Mississippi  river,  and 
including  the  city  of  New  Orleans. 

In  the  following  year,  (1763,)  by  a  treaty  made  at  Paris  in  February, 
between  Great  Britain,  France  and  Spain,  France  ceded  to  Great  Britain 
all  her  possessions  in  North  America,  not  already  granted  to  Spain,  and 
Spain  gave  to  Great  Britain,  Florida,  etc.  By  this  treaty  the  limits  of 
the  English  and  Spanish  possessions  were  "fixed  by  a  line  drawn  along 
the  Mississippi  river,  from  its  source  to  the  river  Iberville,  and  thence 
by  a  line  in  the  middle  of  that  stream,  and  lakes  Maurepas  and  Pontchar- 
train to  the  sea,'^  all  to  the  east  of  this  line  belonging  to  Great  Britain, 
and  that  to  the  west  belonging  to  Spain.  Great  Britain  gave  to  that 
portion  of  Louisiana  acquired  from  France,  the  name  of  West  Florida. 
In  the  fall  of  the  year  1766,  Don  Antonio  de  Ulloa  arrived  in  New. 
Orleans  with  two  companies  oT' infantry  to  tak^possession,  in  the  name 
of  the  Spanish  King,  of  the  colony  of  Louisiana.  The  people  resisted, 
and  Ulloa  declining  to  exhibit  his  authority,  was  ordered  by  the  Superior 
Council,  in  1768,  to  leave  the  country. 

On  the  18th  of  August,  1769,  Don  Alexander  O'Reilly,  in  command 
of  a  large  Spanish  force,  arrived  in  New  Orleans,  with  authority  to 
receive  possession  of  the  province.  No  resistance  was  made,  and  on 
that  day,  at  three  o'clock,  in  the  presence  of  the  French  and  Spanish 
troops,  in  the  '^  Place  d' Amies"  (now  Jackson  square)  the  French  flag 
was  lowered  and  that  of  Spain  unfurled,  and  the  government  passed  from 
the  hands  of  the  French  to  those  of  the  Spanish  authorities. 

We  have  seen,  that  while  Louisiana  was  under  the  dominion  of  France, 
by  the  charters  of  Crozat  and  the  Western  Company,  the  Customs  of  the 
provosty  and  viscounty  of  Paris,  and  the  laws  and  ordinances  of  the 
kingdom  of  France,  were  extended  to  Louisiana.  As  O'Reilly  made 
many  changes  in  the  system   of  laws   in  the  province,  we   will,  before 


INTRODUCTION.  XL 

leaving  the  subject  of  the  French  dominion  in  Louisiana,  very  briefly 
explain  the  nature  and  history  of  the  "Customs  of  Paris/'  and  this  will 
be  the  loss  unimportant  from  the  fact  that  the  Civil  Code,  now  in  exis- 
tence in  Louisiana,  owes  to  those  customs  many  of  its  important 
principles. 

Before  the  fifteenth  century,  the  French  judges  were  compelled  to 
decide  causes  conformably  to  "  customs"  of  different  provinces  which 
had  never  been  reduced  to  writing.  Great  uncertainty  in  the  law  was 
the  consequence,  until  Charles  VII,  in  1458,  ordered  the  "  customs"  to 
be  written,  by  commissioners  appointed  for  that  purpose,  and  directed 
that  nothing  should  be  considered  or  cited  as  a  custom  that  was  omitted 
in  thewritings  of  the  commissioners.  Notwithstanding  this  edict,  the 
"custom  of  Paris"  was  not  reduced  to  writing  until  the  year  1510, 
during  the  reign  of  Louis  XII.  This  work  was  divided  into  sixteen  titles, 
and  contained  three  hundred  and  sixty-two  articles.*  Upon  these  cus- 
toms were  subsequently  written  able  treatises  and  commentaries  by 
Dumoulin,  Chopin,  Pithou  and  others.  In  addition  to  these  customs, 
several  very  important  ordinances  were  adopted  in  France  and  extended 
to  LouisianSt ; .  among  others  are  the  ^'ordinances  relative  to  Civil  Pro- 
ceedings, in  1667;  one  in  relation  to  criminal  law,  in  1670;  to  Com- 
merce, in  1673 ;  to  the  Marine,  in  1681 ;  tlie  black  code,  in  1685 ;  one 
relating  to  Donations,  in  1731 ;  to  Last  Wills  ^nd  Testaments,  in  1735; 
and  one  on  the  subject  of  Substitutions,  in  1737. 

O'Reilly's  commission  as  Grovernor  and  Captain  General  of  Louisiana, 
dated  April  16,  1769,  granted  him  "  special  power  to  establish  in  this 
new  part  of  the  King's  dominions,  with  regard  to  the  military  force, 
police,  administration  of  justice  and  finances,  such  a  form  of  govern- 
ment as  might  most  effectually  secure  its  dependence  and  subordina- 
tion, and  promote  the  King's  service  and  the  happiness  of  his  subjects." 

At  this  time  the  city  was  composed  of  468  houses,  and  there  were 
3190  inhabitants.     The  population  of  the  whole  colony  was  13,538. 

O'Reilly  abolished  the  Superior  Council,  and  in   its  stead  substituted  Ji 
the  Cabildo .     This  body  was  composed  of  nix  perpetual  Regidors,  two 5"^ 


f 


*  Those  who  wish  to   see  an  excellent  analysis  0^  the  Customs  of  Paris,  are. 
referred  to  Schmidt's  Law  Journal  for  May,  1841,  page  15.  -  \ 


Xii.  INTRODUCTION. 

ordinary  AlcadeSj  an  Attorney  Greneral  Syndic,  and  a  Secretary,  and 
over  these  officers,  the  Grovernor  presided  in  person.  The  regular 
meetings  of  the  Cabildo  were  held  every  Saturday,  but  the  €rovernor 
had  the  power  of  convening  it  at  any  time. 

The  ordinary  Alcades  were  city  judges,  and  tried  civil  and  criminal 
cases,  when  the  defendant  did  not  enjoy  and  claim  the  right  to  be 
tried  by  a  military  or  ecclesiastical  judge.  In  all  important  cases 
appeals  were  allowed  to  the  Cabildo.  This  council  did  not  itself  sit  as 
an  appellate  court,  but  appointed  for  that  purpose  two  regidors  to  act 
with  the  Alcade  who  had  rendered  judgment.  In  certain  classes  of 
cases,  appeals  were  taken  from  the  provincial  tribunals  to  the  Captain 
General,  and  from  him  to  the  Koyal  Audience  in  St.  Domingo,  and 
thence  to  the  Council  of  the  Indies  in  Madrid. 

The  Cabildo  was  organized  on  the  1st  December,  1769,  under  the 
presidency  of  O'Reilly,  who  immediately  after  yielded  the  office  of 
Grovcrnor  to  Louis  de  Unzaga,  who  had  been  appointed  his  successor. 

The  officers  consisted  of  a  Captain  General,  a  Governor,  vested  with 
civil  and  military  powers  ;  an  Intendant,  charged  with  the  administra- 
tion of  the  revenue  and  admiralty  matters ;  an  Auditor  of  war  and 
Assessor  of  Government,  whose  duty  it  was  to  furnish  legal  advice  to 
the  Governor;  an  Assessor  of  the  Intendancy;  Secretaries  of  the 
Governor  and  Intendant;  Treasurer  and  Comptroller;  Storekeeper 
and  a  Purveyor;  Surveyor  General;  Harbor- Master;  Interpreters; 
Notaries  Public ;  Collector  and  Comptroller  of  the  customs,  and  some 
minor  officers.  Those  who  received  more  than  three  hundred  dollars  a 
year  were  appointed  by  the  crown,  the  others  by  the  Governor  or 
Intendants  in  their  respective  departments.  In  1775,  the  offices  of 
Governor  and  Intendant,  were  united  in  the  person  of  Unzaga. 

In  every  parish  an  officer  of  the  army  or  militia  was  stationed,  as 
(civil  and  military  commandant.  He  attended  to  the  police  and  preser- 
vation of  the  peace  of  the  parish,  examined  the  passports  of  all 
travellers,  and  suffered  none  to  remain  within  his  jurisdiction,  without 
the  license  of  the  Governor.  He  also  acted  in  a  judicial  capacity  in 
suits,  where  the  amount  in  litigation  did  not  exceed  twenty  dollars. 
In  other  cases  he  received  the  petition  and  answer,  reduced  to  writing 


INTRODTTOTION.  XIU. 

the  testimony  and  transmitted  the  record  to  the  Grovernor,  by  whom  it 
was  forwarded  to  the  proper  tribunal.  He  was  authorized  to  punish 
slaves  and,  to  arrest  persons  charged  with  offenses,  was  commissioned  as 
notary  public,  made  inventories  and  sales  of  estates,  and  attended  to  the 
execution  of  judgments  rendered  in  the  city  against  parties  residing  in 
his  parish. 

O'Reilly,  in  his  capacity  as  Captain  General,  now  issued,  for  the 
government  of  the  colony,  a  system  of  laws  prepared  at  his  order  by 
Uristia  and  de  Key.  They  related  principally  to  the  institution  of 
suits  and  proceedings  in  civil  and  criminal  actions.  They  were  taken 
from  the  laws  of  Castille  and  the  Indies,  and  designed  for  the  instruc- 
tion of  judges,  officers  and  parties  litigant,  until  a  knowledge  of  the 
Spanish  laws  and  language  could  be  acquired.  In  addition  to  this 
system,  and  annexed  to  it,  he  published  a  compendious  abridgment  of 
the  criminal  laws,  and  some  directions  concerning  last  wills  and 
testaments. 

Judge  Martin,  in  his  history,  observes  that  '^from  this  period  it 
is  believed,  the  laws  of  Spain  became  the  sole'  guide  of  the  tribunals  in 
their  decisions.  As  these  laws  and  those  of  Prance  proceed  from  the 
same  origin,  (the  Roman  Code,)  and  there  is  a  great  similarity  in  their 
dispositions  in  regard  to  matrimonial  rights,  testaments  and  successions, 
the  transition  was  not  perceived  before  it  became  complete,  and  very 
little  inconvenience  resulted  from  it.^^ 

By  a  special  proclamation,  the  Black  Code,  given  by  Louis  XV,  to 
the  province,  was  re-enacted. 

In  1776,  Bernard  de  Gralvez  was  appointed  Governor  and  Intendant 
of  Louisiana  in  place  of  Unzaga,  who  had  received  the  appointment  of 
Captain  General  of  Caracas. 

In  1786,  Don  Estevan  Miro  was  appointed  governor,  civil  and  military, 
of  Louisiana  and  West  Florida.  He  proclaimed  stringent  regulations 
for  the  government  of  the  people,  forbade  them  leaving  the  city  without 
passports,  required  security  for  the  payment  of  their  debts  before  accord- 
ing them  permission  to  leave-,  prohibited  meetings  of  citizens  without 
first  obtaining  his  consent,  and  directed  that  no  one  should  promenade 
the  streets  at  night  without  urgent  necessity,  and  then  only  with  lights. 


XIV.  INTRODUCTION. 

His  successor  was  Francisco  Louis  Hector,  Baron  do  Carondelct,  a 
native  of  France,  who  was  appointed  in  1791,  and  entered  upon  the  duties 
of  his  office  on  the  1st  of  January,  1792.  The  city  had  not  previously 
been  lighted,  and  the  police  was  deficient.  In  order  to  remedy  these 
evils  a  tax  of  one  dollar  and  twelve  cents  was  imposed  on  every  chimney. 
The  total  revenues  excluding  this  tax,  amounted  to  seventy  thousand 
dollars.  He  caused  new  fortifications  to  he  built  around  the  city,  and 
erected  several  forts  above,  below  and  behind  the  city.  In  May,  1794, 
under  his  superintendence,  the  Canal  Carondelet  was  commenced,  to  run 
from  the  city  to  one  of  the  branches  of  the  bayou  St.  John,  and  it  was 
completed  in  1796.  During  this  year  the  Cathedral,  whose  foundation 
had  been  laid  in  1792  by  Andre  Almonaster,  one  of  the  Regidors,  was 
finished  at  his  personal  expense. 

In  1797,  the  Regidors  in  the  Cabildo  were  increased  from  their  former 
number  of  six  to  twelve  persons. 

Manuel  G-ayoso  de  Lemos,  in  1797,  was  appointed  Governor.  He  died 
in  1799.  The  Marquis  de  Casa-Calvo  acted  as  Military  Governor  until 
the  appointment  of  his  successor,  Juan  Manuel  de  Salcedo,  in  June,  1801. 

On  the  1st  October,  1800,  a  treaty  was  concluded  at  St.  Ildefonso  be- 
tween Spain  and  France,  by  which  Spain  promised  to  cede  to  France  the 
province  of  Louisiana.  On  the  21st  March,  this  cession  being  efifected, 
steps  were  made  to  take  posession,  and  a  form  of  government  was  adopted 
for  the  province.  France,  however,  did  not  receive  possession  of  Louisiana 
until  the  30th  November,  1803,  when,  in  the  presence  of  the  French  and 
Spanish  officers,  the  Spanish  flag  was  lowered,  and  that  of  France  sub- 
stituted, and  a  formal  delivery  was  made  to  the  French  commissioners. 
But  France  did  not  remain  long  in  possession.  By  a  treaty  signed  at 
Paris,  on  the  30th  April,  1803, .  Louisiana  was  ceded  by  France  to  the 
United  States,  and  on  the  20th  December,  1803,  the  United  States 
received  possession  of  Louisiana,  and  ^'the  tri-colored  flag  made  room  for 
the  striped  banner,  under  repeated  peals  of  artillery  and  musketry." 
The  French  made  no  change  in  the  laws  during  the  twenty  days  of  their 
government,  and  ^^the  return  of  Louisiana  under  the  dominion  of  France, 
and  its  transfer  to  the  United  States,  did  not  for  a  moment  effect  the 
Spanish  laws  in  that  province." 


INTRODUCTION.  XV. 

The  Fuero  Viejo,  Fuero  Juzco,  Partidas,  Rocopilaciones^  Leyes  de 
las  Indias,  Autos  Accordados  and  Eoyal  Schedules  remained  parts  of 
the  written  law  of  the  territory.  '^To  explain  these,  Spanish  eommenta- 
tors  were  consulted,  and  the  corpus  juris  civilis  and  its  commentators 
were  resorted  to;  and  to  eke  out  any  deficiency,  the  lawyers  who  came 
from  France  or  Hispaniola  read  Pothier,  D'Aguesseau,  Dumouliu,  etc." 
El  Fuero  Juzco  was-  a  compilation  of  the  rules  and  regulations  made 
for  Spain  by  its  National  Councils  and  Gothic  Kings,  and  was  published 
about  the  year  693.  It  was  the  first  of  the  Spanish  codes,  was  originally 
written  in  latin,  and  consisted  of  twelve  volumes.  It  was  translated  into 
Spanish  during  ihe  reign  of  Ferdinand  III,  in  the  thirteenth  century. 
It  was  originally  called  the  book  of  the  Judges  ^(El  Fuero  de  los  Jueces) 
and  corrupted  into  Fuero  Juzco  the  title  under  which  it  was  printed  in 
IGOO.  El  Fuero  Viejo  was  published  in  992.  It  was  divided  into  five 
books,  and  contains  the  ancient  customs  and  usages  of  the  Spanish  Nation. 
The  Partidas  (deriving  its  name  from  its  seven  parts — Siete  Farttdas') 
is  a  digest  or  code  of  the  laws  of  Spain  made  in  imitation  of  the  Koman 
Pandects.  It  was  projected  by  Ferdinand  III,  and  completed  by  his 
son  and  successor,  Alphonso.  He  nominated  four  Spanish  jurisconsults 
to  whom  he  committed  the  execution  of  his  plans.  They  commenced 
the  work  in  1256,  and  accomplished  it  in  seven  years;  but  in  consequence 
of  wars  and  revolutions,  it  was  not  promulgated  until  the  year  1343.  It 
is  said  to  be  ^^thc  most  perfect  system  of  Spanish  laws,"  and  a  code  that 
may  be  ^^advantageously  compared  with  any  code  published  in  the  most 
enlightened  ages  of  the  world."  From  this  work  many  of  the  provi- 
sions of  our  Code  of  Practice  have  been  derived. 

The  Recopilacion  of  Castillo  was  promulgated  in  1567,  under  the 
authority  and  supervision  of  Phillip  II.  From  that  time  until  1777 
several  new  editions  were  published,  and  in  them  were  incorporated  laws, 
rescripts  and  edicts,  enacted  since  the  first  publication  of  the  recopilacion. 
This  title  was  also  given  to  the  edicts  and  orders  in  council,  which  the 
King  sanctioned  and  caused  to  be  published  in  one  volume  in  the  year 
1745.  This  volume  is  more  generally  known  as  the  Autos  Accordados. 
The  Leyes  de  las  Indias  were  a  compilation  of  laws,  first  collected  and 
digested  by  Phillip  IV,  which  had  been  prepared  and  published  for  the 


Xvi;  •  INTROBtlOTION. 

government  of  the  immense  colonies  of  Spain.  Being  in  their  arrange- 
ment, ay  imitation  of  the  Kecopilacion  of  Castille,  they  were  called 
Recopilacion  de  las  Indias,  and  were  published  in  1661. 

On  the  20th  of  December,  1803,  Claiborne  the  American  Governor, 
announced  by  proclamation,  that  the  government  of  Spain  and  France 
over  Louisiana  had  ceased,  and  that  thenceforth  the  people  of  the  United 
States  were  to  be  governed  by  the  laws  of  the  United  States. 

On  the  30th  December,  he  established  a  court  of  common  pleas  com- 
posed of  seven  justices,  from  which  an  appeal  was  allowed  to  the  Governor 
in  all  cases  of  over  five  hundred  dollars. 

By  an  act  of  Congress  of  March,  1804,  Louisiana  was  divided  into 
two  territories,  and  that  portion,  now  the  State  of  Louisiana,  was  denom- 
inated  the  Territory  of  Orleans.  To  the  Orleans  Territory  a  Governor 
was  appointed  for  three  years,  who  was  empowered  to  appoint  most  of 
the  civil  and  military  officers.  The  legislative  power  was  vested  in  the 
Governor  and  a  council  composed  of  thirteen  freeholders  of  the  territory. 
The  act  created  a  superior  court  of  three  judges,  and  the  Legislature 
was  authorized  to  establish  inferior  courts.  There  was,  in  addition  to 
these,  a  United  States  Court  with  Circuit  court  powers. 

The  President  appointed  registers  and  recorders  of  land  titles,  who 
received  atid  recorded  titles  acquired  under  the  Spanish  and  French 
government ;  and  he  also  appointed  commissioners  who  heard  and  de- 
termined, in  a  summary  manner,  all  matters  respecting  laud  claims. 
Their  proceedings  were  first  reported  to  the  Secretary  of  the  Treasury, 
and  then  submitted  to  Congress  for  final  action.  This  government  thus 
provided  for  the  Territory  of  Orleans,  went  into  operation  the  first  of 
October,  1804. 

The  first  Legislature,  which  met  in  December,  1804,  divided  the 
territory  into  twelve  counties,  and  for  each  created  an  inferior  court 
composed  of  one  judge,  and  at  the  same  time,  acts  were  passed  regula- 
ting the  practice  of  the  courts.  Thedj^nitions  of  crimes  and  the  mode  of 
proceeding  were  declared  to  be  in  ^cordance  with  the  principles  of  the 
English  common  law,  and  the  v^iit  of  ITnleas  Corpus  and  trial  by  jury 
were  introduced.  This  Legislature  passed  the  first  act  for  the  incorpora- 
tion of  the  city  of  New  Orleans.  The  City  Council  was  made  to  consist  of 


INTRODUCTION:  «  XVU. 

fourteen  Aldermen,  and  the  officers  were  composed  of  a  Mayor, 
Kecorder,  Treasurer,  and  subordinate  officers.  This  act,  which  was 
very  long,  was  prepared  with  great  care,  and  continued  the  charter  of 
the  city  until  1836 — when  the  city  was  divided  into  municipalities — and 
in  all  the  recent  city  charters,  many  of  its  provisions  have  been  retained. 

An  act  was  also  passed  in  1805,  creating  a  committee,  composed  of 
members  of  the  Legislature  and  two  members  of  the  bar,  instructed  to 
prepare  a  civil  and  criminal  code.  This  Legislature  adjourned  in 
February,  1805. 

In  March,  1805,  Congress  passed  another  act,  providing  for  the 
Government  of  the  Territory  of  Orleans.  It  authorized  the  Presi, 
dent  to  establish  a  form  of  government  in  accordance  with  the  ordi- 
nance of  1787,  and  similar,  with  several  minor  exceptions,  to  that  of  the 
Mississippi  Territory.  The  Grovernor,  Secretary,  and  Superior  Judges, 
were  appointed  by  the  President  by  and  with  the  advice  and  consent 
of  the  Senate.  The  Legislative  Council  (or  Senate)  was  composed  of 
five,  and  the  House  of  Representatives,  of  twenty-five  members.  The 
-jiembers  of  the  Legislative  Council  were  chosen  by  the  President,  from 
ten  persons  selected  by  the  Territorial  House  of  Represen^|i^.  The 
members  of  the  House  were  elected  by  the  people.  ^^m 

The  first  Legislature,  under  the  new  act  of  Congress,^Rcmbled  in 
New  Orleans  on  the  25th  January,  1806.  They  adopted  a  black  code, 
of  which  many  provisions  were  retained  in  the  black  code  recently 
adopted  by  the  Legislature,  They  appointed  James  Brown  and 
Moreau  Lislet,  members  of  the  bar,  commissioners  to  prepare,  with  the 
aid  of  a  committee  of  the  Legislature,  a  civil  code  for  the  use  of  the 
Territory,  and  instructed  them  '^to  make  the  civil  law,  by  which  the 
Territory  was  governed,  the  ground  work  of  said  code.'' 

The  Legislature  which  met  in  1807,  abolished  the  county  courts,  and 
in' their  stead  created  parish  courts — one  for  each  parish,  the  Judge  V 
which  was,  ex-officio,  Judge  of  probates  and  notary. 

In   1808,  Lislet   and  Brown,   the  code  commissioners,  reported    ^^  a 
Digest  of  the  Civil  Laws  now  in  force  in  the  Territory  of  Orleans,  with 
alterations  and  amendments  adapted  to  the  present  system   of  govern- 
ment,'' which  was  approved  March  31,  1808.     This  work  is  now  known 
c 


XVlll.  INTRODUCTION. 

as  the  old  Code  of  1808 ;  most  of  its  provisions  and  its  arrangement 
■  were  taken  from  the  Code  Napoleon,  a  projet  of  which  had  been  received 
at  New  Orleans.  It  only  "repealed  such  parts  of  the  Civil  Law,  as 
were  contrary  to,  or  incompatible  with  it."  It  did  not  contain  many 
important  provisions  of  the  Spanish  law,  and  no  rules  in  relation  to  the 
proceedings  or  practice  of  the  courts.  It  was  therefore  decided,  that 
the  Spanish  laws  were  to  be  considered  as  untouched,  when  the  Digest 
or  Civil  Code  did  not  reach  them. 

In  February,  1811,  Congress  passed  an  act  authorizing  the  people  of 
the  Territory,  to  make  a  Constitution  and  form  of  government,  prepara- 
tory to  its  admission  into  the  Union  as  one  of  the  States.  In  Novem- 
ber, a  convention  to  frame  the  Constitution,  assembled  at  New  Orleans 
and  completed  their  labors,  and  adjourned  on  the  22d  January,  1812. 
By  the  Constitution  thus  prepared,  the  judicial  power  was  [.vested  in  a 
Supreme  court  and  certain  inferior  courts.  The  Supreme  court  was 
to  be,  composed  of  not  less  than  three  nor  more  than  jfive  Judges.  Its 
jurisdiction  was  limited  to  appellate  causes,  and  extended  to  civil  cases, 
where  the  matter  in  dispute  exceeded  three  hundred  dollars.  The  Con- 
vention made  the  Kentucky  Constitution  their  model,  and  adopted  most 
of  its  provisions.  This  Constitution  continued  the  fundamental  law 
of  the  State,  and  unamended  until  the  year  1845. 

On  the  10th  January,  1812,  the  first  steamboat  reached  New  Orleans. 

In  April,  1812,  Congress  passed  an  act  for  the  admission  into  the 
Union  of  the  Territory  of  Orleans,  and  restored  to  it  the  name  of 
Louisiana,  and  the  act  was  to  be  in  force  from  and  after  the  30th  April. 
A  few  days  after,  another  act  was  passed  extending  the  limits  of  the  new 
State,  so  as  to  include  the  country  south  of  the  Mississippi  Territory,  and  " 
east  of  the  Mississippi,  river  and  the  lakes  as  far  as  Pearl  river. 

/Th€  first  State  Legislature  of  Louisiana  assembled  on  the  27th  June, 
1812,  and  their  first  act  was  one  assenting  to  the  annexation  of  the  new 
parishes.  They  organized  the  Supreme  court  and  made  it  consist  of 
only  three  judges.  Hall,  Mathews  and  Derbigny  were  appointed  the 
judges. 

On  the  eight  day  of  January,  1815,  the  battle  of  New  Orleans  was 
fought. 


INTRODUCTION.  xix. 

In  February^  1815,  Frangois  Xavier  Martin  was  appointed  a  judge 
of  the  Supreme  court,  and  continued  on  the  bench  until  March,  1846. 
As  many  parts  of  the  old  Spanish  law  still  continued  in  existence 
and  remained  untranslated,  the  Legislature,  in  March,  1819,  ap- 
pointed Lislet  and  Carleton  to  translate  and  publish  "such  parts  of  the 
laws  of  the  Partidas  as  are  considered  to  have  the  force  of  law  in  this 
State.''  This  work  was  completed  and  published  in  two  volumes,  with  a 
preliminary  history  of  the  Spanish  law. 

The  old  Code  of  1808,  being  found  inadequate  to  the  wants  of  a 
growing  commercial  community,  Livingston,  Derbigny  and  Lislet  were 
appointed  by  act  March  14,  1822,  to  remodel  it.  The  new  Civil  Code 
prepared  by  these  gentlemen,  went  into  operation  in  1825.  An  act, 
approved  April  12,  1824,  declares  that  it  shall  be  in  force  from  the  day 
of  its  promulgation,  and  provides  for  the  mode  of  promulgating  it.  In 
New  Orleans,  it  was  thus  promulgated  on  the  20th  May,  1825.  An  article 
of  this  Code  repeals  all  laws  for  which  the  Code  specially  provided,  and 
the  act  of  12th  March,  1828,  repealed  all  the  old  Code  of  1808,  except 
so  much  of  title  ten  as  is  embraced  in  its  third  chapter,  which  treats  of 
the  dissolution  of  communities  or  corporations. 

As  most  of  the  provisions  of  both  the  old  and  new  Codes  and  their 
general  arrangement  were  derived  from  the  Code  Napoleon,  a  brief  his- 
tory of  that  work,  it  is  believed,  will  prove  not  uninstructive. 

We  have  already  seen  that  Charles  VII,  by  the  general  ordinance  of 
August,  1453,  ordered  certain  commissioners  to  reduce  the  Customs  of 
France  to  writing,  and  forbade  a  citation  of  other  customs,  than  those 
thus  written.  All  the  customs  were  reduced  to  writing  between  the 
reigns  of  Louis  XII,  and  Henry  IV.  During  the  sixteenth  century  the 
customs  were  revised  by  distinguished  Jurists,  "and  the  jurisprudence 
of  France  began  to  assume  unity  and  consistency."  Dumoulin  was 
one  of  the  first  and  the  ablest  of  the  commentators.  He  was  followed 
in  the  seventeenth  century  by  Domat,  and  in  the  eighteenth  by  Pothier, 
whose  great  works  reduced  the  French  laws  to  a  harmonious  system. 
These  great  jurists  were  seconded  in  their  efforts  by  the  French  Sov- 
ereigns. During  the  reign  of  Henry  III,  Lamoignon  and  D'Aguesseau, 
uuder  his  direction,  prepared  the  ordinance  of  1667,  in  relation  to  civil 


XX.  INTRODUCTION. 

proceedings ;  the  ordinance  of  1670,  concerning  criminal  law ;  tliat  of 
1673,  relative  to  commerce ;  the  ordinance  of  1681,  on  the  subject  of 
the  marine ;  the  black  code  of  1685,  and  others.  Under  Louis  XY,  the 
following  ordinances  were  adopted : — in  1731,  the  ordinance  relative  to 
donations  ;  in  1735,  that  concerning  last  wills  and  testaments ;  in  1737, 
the  ordinance  concerning  substitutions;  and  in  1771,  an  ordinance  in  re- 
lation to  mortgages  ;  and  many  were  enacted  during  the  reign  of  Louis 
XVI. 

Finally,  Napoleon,  when  first  consul,  appointed  commissioners  to 
revise  and  connect  all  the  ordinances,  and  make  one  general  Civil  Code. 
The  commission  was  composed  of  Tronchet,  Portalis,  Preameneau  and 
Malleville.  Theiv  j)roJet  was  submitted  to  the  courts  of  cassation  and 
appeal,  and  underwent  a  rigid  examination,  first,  in  the  Council  of 
State,  where  Napoleon  participated  in  the  discussions,  and  then  in  the 
Legislative  body,  and  was  subjected  to  the  closest  scrutiny  by  all  these 
and  other  authorities. 

By  a  decree  of  March,  1804,  the  civil  laws  of  France  were  declared 
to  be  united  in  this  work,  which  thenceforth  became  the  law  of  the  land, 
under  the  title  of  the  Civil  Code  of  the  French.  In  September,  1807, 
the  titl^  was  changed  to  that  of  the  Code  Napoleon,  by  which  name,  in 
spite  of  the  act  of  August,  1816,  it  is  still  known,  and  cited  all  over  the 
civilized  world. 

The  Committee  of  three  Jurisconsults,  appointed  by  act  of  1822,  to 
revise  the  Civil  Code,  were  also  instructed  to  prepare  a  Commercial  Code 
and  a  Code  of  Practice.  That  on  Commerce  was  never  adopted ;  the 
Code  of  Practice  was  enacted  in  April,  1824,  but  in  consequence  of  delay 
in  promulgation,  did  not  become  law  throughout  the  State,  until  2d 
October,  1825;  It  was  written  in  French  and  translated  into  English. 
By  an  act,  approved  March  25th,  1828,  all  rules  of  practice,  with  one  or 
two  exceptions,  not  contained  in  the  Code  of  Practice,  are  declared 
repealed,  and  the  act  of  12th  April,  1824,  repeals  provisions  in  the  Civil 
Code  conflicting  with  those  of  the  Code  of  Practice. 

By  section  25  of  the  Act  of  1828,  before  refered  to,  all  the  civil  laws 
in  force  before  the  promulgation  of  the  Civil  Code,  with  one  exception 
only,  were  declared  abrogated,  and  thus  the  Legislature  in  a  law  of  four 


INTRODUCTION.  XXI. 

or  five  lines,  swept  away  those  old  French,  Spanish  and  Roman  laws  that 
had  been  the  guide  and  government  of  the  people  of  Louisian  for  over  a 
century.  It  may  be  well  however,  to  observe  that  the  Supreme  Court  has 
decided  '^that  the  Spanish,  Roman  and  French  civil  laws  which  the 
Legislature  repealed,  are  the  positive,  written,  or  statute  laws  of  those 
nations,  and  of  this  State ;  and  only  such  as  were  introductory  of  a  new 
rule,  and  not  those  which  were'merely  declaratory — that  the  Legislature 
did  not  intend  to  abrogate  those  principles  of  law,  which  had  been  estab- 
lished or  settled  by  the  decisions  of  courts  of  justice."* 

In  1836,  (Act  March  8th,  1836)  the  city,  was  divided  into  three 
Municipal  corporations,  each  having  a  Council,  Recorder  and  other 
Municipal  officers.  Above  these  was  a  Mayor  and  General  Council  for 
the  whole  city.  Where  the  Legislative  powers  of  the  Councils  of  the 
Municipalities  ended,  and  those  of  the  General  Council  began,  was  a 
question  of  some  difficulty,  and  the  source  of  never  ending  conflicts  and 
quarrels. 

In  1840,  the  number  of  Judges  o.f  the  Supreme  Court  was  increased 
to  five. 

In  1845,  a  new  Constitution  was  created,  changing  many  of  the 
fundamental  principles  of  the  Constitution  of  1812,  and  making  the 
basis  of  our  system,  conform  to  that  of  the  neighboring  States.  This 
in  its  turn  has  already  been  substituted  by  the  Constitution  of  1852, 
with  which  all  Louisanians  are  doubtless  familiar. 

In  1852,  the  Municipalities  were  again  consolidated  into  one  city 
government,  in  which  the  legislative  power  was  vested  in  a  Board 
of  Aldermen  and  a  Board  of  Assistant  Aldermen,  who  together  formed 
the  Common  Council,  and  the  executive  power  was  lodged  in  the 
city  officers,  consisting  of  a  Mayor,  Recorders,  Treasurer,  Comptroller, 
Surveyor,  Street  Commissioner  and  subordinate  officers.  The  city 
was  divided  into  three  School  Districts,  and  for  each  of  them,  the 
Common  Council  annually  elected  a  Board  of  School  Directors.  A 
few  days  after  the  passage  of  the  act  of  consolidation,  another  act  was 
adopted  by  the  Legislature,  annexing  to  New  Orleans  the  city  of  La- 
fayette, making  it  a  fourth  district,  in  all  respects  similar  to  the  others 

*  See  Reynolds  vs.  Swain,  et  als,  13  La.  Reports,  page  193. 


XXU.  INTRODUCTION. 

and  giving  it  a  Recorder,  and  a  Board  of  School  Directors.  These 
statutes  have  been  amended  by  the  new  city  charter,  enacted  in  March, 
1856,  but  the  provisions  to  which  we  have  briefly  alluded,  were  sub- 
stantially retained. 

It  will  be  perceived  by  this  brief  synopsis  of  the  history  of  our 
city  and  state,  that  while  we  have  retained  in  our  public  relations 
and  criminal  law  all  that  is  good  of  the  English  jurisprudence,  the 
system  of  laws  now  in  existence  in  Louisiana  is  the  Roman  or  Civil 
Law  as  we  have  received  it  from  France  and  Spain,  modified  by  the 
legislation  of  their  sovereigns  and  councils,  and  illustrated  and  adorned 
by  the  commentaries  of  many  generations  of  learned  jurists — and 
adapted,  by  the  enactments  of  our  own  Legislature,  to  the  requirements 
of  an  age  of  commerce,  of  arts  and  sciences,  and  of  unparalleled 
civilization. 


.^.♦»«^. 


aENERAL   ORDINANCES 


ENACTED  SINCE  THE  CONSOLIDATION  OF  THE  CITY  IN  1852.  * 


Archives— City  Ordinance,  Nos 950,  1171,  1861,  2257. 

Assessors 134,  974,  3132,  3169,  3210,  3216,  3219,  3223. 

Attorney,  City 14,  229,342,481,1448,  1861,  1980. 

Assistant  City  Attorney  P^'    ^^^^    ^^^^^    ^^^^^    ^^^^^ 

Assistant  Uty  Attorney |  ^^^^^  2121,  2324,  2415,  3096. 

Awnings,  Sheds  and  Hanging  Signs 30,  3065,  3188. 

Bakery,  Bread ^ 1471,    1770,    3046.» 

Balls,  etc 290,481,3131. 

Batture, 3029. 

Bonds  and  Securities 130,  233,  2148,  3205. 

Buildings,  Builders,  etc 2044,  3191,  3192. 

Burials  and  Burial  Grounds {    ^19^97,^105,^2^34,  3174^ 

Cemeteries,  (see  "Burials,'^  etc.) 

Census  Commissioners 18,  89,  192. 

Chain  Gang 1489,  2493,  2902,  3179. 

Chimneys — Stoves .- 2 1 79. 

City  Clock 89,  3041. 

Claims 2370,  2573,  2932,2975. 

Coffee  Houses 195,  668,  985,  1593,  1947,  1667,  1848,  3134. 

Collectors  of  Taxes,  etc 27,  164,  167,  2238,  2420. 

(41,  57,  102,  246,  327,  391,  392,  554,  588, 
Committees, ]  1015,  1679,  2131,  2175,  2176,  2212,  2321, 

(2561,   2926,  2932,   2939,  2959,  3136. 
Common  Council,  330,  1446,  1623,  1633,  2790,  2855,  2866. 

Comntroller        I  ^^^  ^^^^  ^^^'  ^^^^  ^^^^'  ^^^4'  1^^^'  ^^^^>  ^099, 2141, 
l^omptioiier....  |      2175,  2176,  2375,  2588,  2634,  2862,  3017,  2954, 

n       ri  .  in-f    ri  i.f        f  ^^2,  842,   1307,   1308,  1442  §17,  1759, 
Consolidated  City  Deot,....  |     ^^28,  1931,  2542,  2603,  2730,    3233! 

*  The  numbers  referred  to  are  those  of  the  city.     The  Ordinances   are   all 
kept  at  the  City  Hall,  and  have  been  numbered  since  the  year  1852. 


XXIV.  GENERAL  ORDINANCES. 

n    ,     ^..  A  n    ,     ^  f  233,  246,  286,  318,  455,  722,  1394, 

Contracts  and  Contractors,  |      1^94^  i54o;  1696,  2156,  2975. 

Coroner 239,  2254. 

Cotton  Presses  and  Pickeries  w 977,  3150. 

Draining 46,  2519,  2587,  2846,  2906. 

Elections 36,121. 

Evening  Gun 292,702,  1824,  3203. 

Factories,  Slaughter  Houses,  Tanneries,  etc 2084,  1601. 

Ferries  1937. 

Fire 3172. 

p.     p.        .        .  ("217,  646    2178,   2206,   2347,    2455, 

i^ire  i^epartment |2492,   2540,2560,2744,  2913,3228. 

Mre  Bells  P^^>    ^^^^    ^^^^    ^^^^^    ^^^^^    ^^^^^ 

^^^^-^^^^^ |l803,  1815,  1898,  1950,' 2040,  3042. 

Fire  Limits 3191. 

Fiscal  Agent 2136,  2141. 

Flatboat  Basin 2204. 

Foreign  Paupers 2203. 

Forges,    Foundries  and  Steam   Engines 3176. 

Gas  Works  Company 3171. 

Gunpowder  and  Powder  Magazine 3193. 

Health,  Board  of 1145,  2295. 

Houses  of  Refuse  I  ^^^  ^^^  ^^'  ^^^^  ^2^'  ^^9,  425,  715, 

»±iouseb  01  iieiuge |  794,1015,  1261,  1340,  1440,  2123. 

Insane  Persons,  etc 276,  842, 1358,  1794, 1817, 1908,  2323,  3224. 

Insurance 587,  1820. 

Keeper  of  Court    House 458. 

Lamps,  Gas,  etc... 355,  671, 1543,  2083,  2137,  2344,  2360,  2802,  2924. 

Lewd  Women 3267,  3318. 

McDonough  Estate 1569,  2134,  2307. 

(28,  197,  297,  418,  616,  639,  684,  831,  871,  976, 
Markets -{      1143,    1767,    1776,  1860,2029,  2144,   2329,  2419, 

(     2458,    2459,  2467,  2500,  2611,  2677,  2833,  3190. 

Mayor 416,  1879,  2828,  2203,  2100,  Arts.  6  and  7,  2934. 

Negroes 1537,  3203. 

Negro  Traders  and  Slave  Marts 3148 

New  Orleans 479,  2270,  1986. 

Notary,  City 73,  1696,  2156. 

r  500,  688,  789,  1286,  1344,  1590,  1894,  1954, 

Offenses ]      2074,  2084,   2204,  2218,  2330,  2463,  2538, 

(     2919,  418,  No.  27,    1990,  3121. 

Offices  and  Officers       P^^'    ^^^^'    ^^^^^    ^^^^^  2^^^'  ^^^^>  ^^^^^ 
umcesanavjmcers....|22l2,  2295,    2324,  2365,  2847,  2848,  2857. 

Official  Paper,  Advertisements,  etc.  j    ^  -^^j"^  '  222I    2257  2767  ''^8*66 

Ordinances 66,  416,  472,  1256,  1986,  2292,'  2"950,'3043^  3200.* 

Orphans 420. 

Oysters 502,  904,  1098,  —  418  Art.  29. 

Physicians,  City 69. 


s9 


GENSRAIi  ORDINANCES. 


XXV. 


Revenue- 


Salaries 


Police  Demrtment    I  ^^^  ^^'  ^2,  119,  290,  293,  450,  451,  511,  554, 
roiice  iFepartment..  |  ^^^^^  ^^^o,  1674, 1776,  2100,  2172,  2366,  3089. 

Porters 1023,  1366,   2099,  2264. 

Pounds  1 465,   684,   746,   751,  1116,    1520, 

^^  ^ ' {1755,1870,  lOUO,  1983,  2006,  2809. 

Powder 1376,  3193. 

Public  Scliools..l2, 193,  951,  983, 1084, 1666,  2357,  2132,  2692,  2990. 

Quarantine 1187,  1933. 

Quick  Lime. 

(26,  37,  704,  1463,1464,  1577,  1591,1698, 
Railroads ]      1804,  1902,  1929,  2080,  2290,  2524,  2623, 

(     2659,  2689,  2699,  2779,  2785,  2829,  3160. 

Recorders  P^^^    ^^^^    ^^^^    ^^^^    ^^1>    1537,2161, 

itecoraers 1  2627,  2903,  2324,  2369,  2931,  2935,  3211. 

521, 535,  658,  668,  719,  826,  904,  985,  1098,  1278, 1331, 

1541,  1746,  1903,  1928,  1929,  1930,   1986,  2014,  2033, 

2152,  2324,  2531,  2542,  2543,  2545,  2552,  2553,  2608, 

i^  2622,  2645,  2646,  3124,  3156,  3160,  3184,  3233,  3234. 

7,  8,  9,  54,  70,  132,  238,  351,  377,  396,  546,  639, 

724,  1124,  1200,  1366,  1489,  1509,  1516,  1520, 

1623,  1633,  1640,  1668,  1674,  1679,  1794,  1861, 

2040,  2100,  2134,  2139,  2165,  2178,  2264,  2316, 

2329,  2931,  2934,  2935,  2957,  3017,  3018,  3019, 

3106,  3139,  2348,  2349,  2366,  2375,  2406,  2557, 

t  2828,  2855,  3017,  2957,  2941,  3054,  3211,  2926. 

Salt 490- 

Seal,  City 101. 

Slaughter  Houses 2084 

Slave  Marts,  etc 3148. 

Slaves  and  Free  Persons  of  Color .....3203. 

Smoke  Houses ^ 3149. 

Stables,  Dairies,  etc 1642,  2681,  2873,  3175. 

f  17,  37,  90,  360,  451,  457,  568,  724,  859,  905, 

Street  Commissioner  ^^^^^  ^^^^^  ^^^^^  ^^^^^  ^^'^^^  ^^^^^  ^^^^' 

street  i^ommissioner.  -        -^^g^^  ^^^^^  -^^25,  1937,  2084,  2164, 2165, 

[      2365,  2557,  2683,  2791,  3054,  3069,  3139. 

145,278,  296,  299,  395,  533,  642,  703,  724,  751  §6,  799 

800,  955,  1031,  1038,  1048,  1131,  1286,  1344,  1504, 

Streets....  ^   1586, 1600, 1625, 1670, 1682,  1717,  1851,  1954,  2115, 

2124,  2143,  2222,2314,  2353,2354,2632,  2658,  2683, 

2791,  2793,  2842,  2843,  2844,  2864,  2901,  3304. 

Sugar  Platforms 705,  2597. 

Q      (  50,  133,  136,  238,  359,  455, 724,  1031, 1387,  1509,  1531, 
^.urveyor.  |  ^^^^^  ^^^^^   ^^^g^  2164,  2166,  2316,  2406,  2957. 

^  f  10,  190,  589, 1064,  1442  §6, 1986,  2141, 

iieasurer 1  2208,  2357  §2,  2633,2634,  2645,3106. 

Trees 3170. 

Vni.;.inc  f796,    751  §5,  1870,    1722,   1727,   1913  §12, 

^^^^^^^^ I   1823,1859,  2535,  2577,  2920,  3012,3216. 


XXVI.  GENERAL  ORDINANCES. 

Water  Works....... 2279,  2684,  2949,  3171. 

Wharfingers... 54,  137,  490,  905, 1147, 1265,  1508,  2237,  2204,  3151. 
f  56,  68,  164,  279,  309,  396,490, 549, 640,  661, 665, 
I     686,  691,  713,  719,  878,  898,  1088,  1093,  1102, 

Wharves \      1125,    1178,   1196,1237,    1543,   1588,    1893, 

1977,   2003,    2004,    2065,  2229,  2272,   2287, 
2364,  2420,  2437,  2577,  2598,  2600,  2682,  2700. 

Wharves  Nuisance  and  Boats  1^^^  ^42,   359,  822,  921,   1109,  1182, 
WJiaiveb,  JNmsance,ancl±Joats.  j    -^ggg^  -^^^^^  -^^^^^  2267,  2598,  2660. 

f  67,  257,  351,  399,  450,  1608,  1621, 

Work-House  and  Prisons ]    2139,  2150,  2520,  2615,  2688,  2639, 

(  2786,  2854,  2875,  2951,  8006,  8008i 


^^«^f^>») 


THE  LAWS  AND  REVISED  ORDINANCES 


OF    TlIK 


CITY     0  ¥    K  E  W    0  K  L  H  A  X  S 


ARCHIVES. 

No.  1.  That  tlie  city  attorney  be,  and  lie  is  hereby  autliorized  Keeper  of  ar- 
to  appoint  a  clerk  at  a  monthly  salary  of  one  hundred  dollars,  duties. 
whose  duty  it  shall  be,  in  addition  to  other  duties  that  may  be 
imposed  upon  him  by  the  said  city  attorney,  to  take  charge  of 
all  the  archives  of  the  late  municipalities,  and  of  the  general 
council,  and  of  plans  and  titles  of  city  property,  and  of  the  books 
and  papers  appertaining  to  suits  in  which  the  city  is  interested, 
and  to  arrange  the  same  in  the  office  of  the  city  attorney  as  a 
portion  of  the  records  of  his  office;  the  whole  to  be  under  the 
supervision  of  said  city  attorney.  It  shall  also  be  the  duty  of 
said  clerk  to  place  all  the  ordinances  passed  by  the  common  coun- 
cil under  their  proper  heads,  so  as  to  form  a  collection  of  city 
laws  at  all  times  easy  of  access  and  classified  for  reference. 

City  Ordinance,  No.  1861. 

No.  2.     One  copy  of  each  newspaper  published  in  the  city  of  papers  to  b« 
New  Orleans  shall  be  furnished  to  the  mayor's  office  and  board  of  ^'^'P'* 
assistant  aldermen,  and  it  shall  be  the  duty  of  the  secretaries  of 
said  offices  to  keep  said  newspapers  regularly  on  file  as  part  of 
the  public  archives  of  said  city. 

City  Ordinance   No.  2257.    See  No.  210. 


ASSESSORS.—Sec  ^^  Board  of  Asse^soks,"  No.  69, 
1 


Prepare  docu 
meats. 


ATTOllNEY,  CITY. 

Elected  every  two       No.  3.     (1.)  The  comuion  council  shall  elect  every  second 

^*""'  year,  at  their  first  regular  meeting  in  May,  an  attorney  for«the 

city  of  New  Orleans,  who  shall  be  the  legal  adviser  of  the  com- 
mon council,  and  of  any  officer  of  the  city,  upon  all  matters 
which  may  be  submitted  to  him  for  his  opinion. 

His  office.  No.  4.     (2.)  He  shall  keep  his  office  in  the  city  hall,  in  such 

room  as  may  be  appropriated  by  the  council. 

His  duties.  No.   5.     (3.)  He  shall   represent  the  corporation  in  all  judi- 

'•cihl  proceedings,  suits,  actions,  or  contestations  in  which  the  city 
3uay  have  an  interest;  and  shall  prosecute  and  defend  all  actions 
V,  uicli  aidf  be  brought  by  or  against  the  city  or  any  officer  there- 
of, for  and  by  reason  of  any  matter  or  duty  connected  with  or 
growing  out  of  their  respective  offices,  or  in  which  the  corpora- 
tion is  interested  in  any  court  of  this  State. 

Draft  ordinances.  No.  6.  (4.)  He  shall  draft  sucli  ordinances  as  may  be 
required  of  him  by  either  board  of  the  common  council,  or  any 
other  committee  thereof. 

No.  7.  (5.)  He  shall,  when  reijuired  by  the  mayor,  treasurer, 
comptroller,  or  surveyor,  prepare  any  bond,  contract  or  other 
document,  required  by  either  of  said  officers;  shall  inspect,  pre- 
vious to  being  executed,  all  accounts  or  contracts  to  be  made  by 
the  corporation;  and  shall  require  that  the  interests  of  the  city 
be  protected  therein,  by  proper  and  fitting  conditions  and 
specifications.  . 

Keep  records  of        No.  8.     (6.)  He  sliall  keep  in  proper  books  a  record  of  all 

ac  ions,  e  c.  actions  prosecuted  or  defended  by  him,  and  all  proceedings  had 
therein;  shall,  whenever  a  judgment  shall  be  rendered  against 
the  city,  report  the  same  forthwith  to  the  mayor,  and  to  the 
council,  and  whenever  said  judgment  may,  in  his  opinion  be 
erroneous,  appeal  the  same,  if  the  same  be  appealable. 

Payment  of  No.  9.     (7.)  He  sliall,  immediately  upon  the  recovery  of  any 

moneys.  ^^^^  ^^^  ^^^  Corporation,  forthwith  pay  the  amount  thereof  into 

the  city  treasury,  stating  the  nature  of  the  debt,  the  person 
against  whom,  and  amount  and  time  of  recovery. 

Semi-annual  ]So.  10.     (8.)  He  shall  semi-annuallv,  in  the  months  of  June 

reports.  .  . 

and  December,  report  to  the  council  the  titles  and  nature  of  all 
actions  in  his  hands,  prosecuted  or  defended  by  him,  and  then 
pending,  and  undetermined,  with  such  other  information  m- 
relation  thereto  as  he  iiiay  consider  proper 


ATTORN  KY,  CITY    ASSISTANT.  ."> 

No.  11.     (9.)  The  salaiy  paid  the  eit\'  attorney  shall  be  a  full  Salary, 
compensation  for  all  services  rendered  to  the  corporation  or  any 
officer  thereof,  and  no  fee  or  extra  compensation  shall  in  any  case 
be  paid  him. 

No.  12.     (10.)  He  shall,  upon  the  expiration  of  his  term  of  Duties  at  end  of 
omce,  or  removal  therefrom,  or  resignation  thereof,  forthwith,  on     ^^' 
demand,  deliver  to  his  successor  in  office  all  paf)ers,  deeds,  or 
contracts  in  his  hands,  belonging  to  the  corporation  or  delivered 
to  him  by  any  officer  of  the  corporation,  and  all  papers  in  actions 
or  proceedings  prosecuted  or  defended  by  him  and  then  pending     ^ 
or  undetermined,  together  with  his  books  of  record  thereof,  and 
of  the  proceedings  therein. 

City  Ordinance,  N«.  1448 .    Approved  March  30, 1854. 
For  his  Clerk,  see  Xo.  1. 

Tor  his  dJities  as  to  Insane!*  Persons,  see  No.  386. 
'•'  "  as  to  House  of  Refuge,  see  No. 376. 
^*        «      as  to  Injunction  Bonds,  see  No.  25. 

ACTS  OF  THE  LEGISLATURE. 

Src.  24.     Be  it  further  enacted,  etc.,  That  the  common  council  shall,  Election  of 

in  the  month  of  July  next,  and  every  two  yeai's  thereafter,  elect,  viva 

voce,  in  joint  meeting,  a  treasurer,  a  surveyor,  an  attorney,  and  one 

assistant  attorney,  said  officers  shall  enter  upon  their  several  offices  on 

the  first  Mondav  of  August  following,  and  shall  hold  the  same  until  When  they  shall 
. ,     .  "  T  n    1  •  1    T     1  ,       ^  go  into  oflSice. 

their  successors  are  qualined,  provided  that  at  the  iirst  election  the 

comptroller  shall  be  electeced  for  only  one  year.  The  present  comp- 
troller, treasurer,  street  commissioner,  surveyor,  city  attorney  and  as- 
sistant city  attorney,  shall  hold  over  until  the  first  Monday  in  July  next, 
or  until  their  successors  are  qualified. — Act  of  1856,  page  141. 

Sec.  35.     Be  it  further  enacted,  etc.,  That  the  city  attorney  shall  be  ©"ties  of  city 
the  legal  adviser  of  the  corporation  in  all  matters  in  which  his  advice 
may  be  necessary,  and  represent  said  corporation,  within  the  State,  in 
all  judicial  proceedings,  suits,  actions  and  contestations  in  which  it 
may  have  an  interest,  as  hereinafter  provided.     No  extra  compensation  To  receive  no 
or  fee  shall  be  allowed  him ;  and  no  other  attorney  shall  in  any  case  be  compensation, 
appointed  to  assist  him,  unless  by  a  vote  of  two-thirds  of  the  members 
present  of  each  Board  of  the  Common  Council.     He  shall  receive  a  Salary  of  city 
salary  of  $4,000  per  year.— Act  of  1856,  page  146.  attorney. 

See  Act  of  1856,  page  166,  sect.  125. 


ATTORNEY,  CITY  ASSISTANT. 

No.   13.     (1.)  The   common   council  will    elect   annually,  at  Annnaiiy  elected 
their  first  regular  meeting  in  May,   an  assistant  attorney,  whose 


ATTORNEY,  CITY   ASSISTANT. 


To  institute  cer- 
tain suits. 


Appeals. 


Weekly  reports. 


Weekly  pny- 
menis. 


His  books. 


Annual  report. 


Compensation. 


Duty  to  succes- 
sor. 


duty  it  shall  be  to  collect  the  bills  of  all  defaulting  tax  payers, 
all  bills  of  all  persous  in  default  liable  to  license  tax,  and  tlie 
fine  denounced  by  law  or  any  ordinance  of  tlie  city,  for  violations 
thereof. 

Amended,  see  No.  23  and  24.  ^ 

No.  14.  (2.)  He  shall  institute  all  suits  against  defaulting 
tax  payers  in  the  manner  and  time  and  with  the  formalities 
required  by  law;  all  suits  for  the  recovery  of  license  tax  or 
other  dues,  immediately  after  receiving  the  bill  or  claim  from 
the  comptroller  or  treasurer,  and  all  suits  for  the  violation  of  any 
ordinance,  upon  the  complaint  of  any  officer  of  the  city. 

No.  15.  (8.)  He  shall  appeal  all  cases  in  which  judgment 
shall  go  against  tlio  corporation,  unless  the  city  attorney  shall, 
in  writing,  advise  him  not  to  do  so. 

No.  1().  (4.)  He  shall  on  the  first  Saturday  in  each  month, 
report  to  the  comptroller  a  statement  under  oath  :  1st,  of  all 
moneys  received  by  him  before  judgment :  2d,  of  all  suits 
prosecuted  to  judgment,  whether  the  amounts  claimed  therein 
have  been  for  or  against  the  corporation,  whether  execution  has  been 
issued  thereon,  and  if  so  whether  collected  ;  3d,  a  particular  account 
item  by  item,  of  all  penalties  or  other  moneys  which  he  may 
have  received,  respectively,  and  on  what  account,  and  when  paid. 

No.  17.  (5.)  He  shall  forthwith  pay  over  to  the  treasurer 
any  sum  found  due  by  him  on  such  account,  and  shall  take  his 
receipt  therefor  and  forthwith  exhibit  the  same  to  the  comptroller. 

No.  18.  (0.)  He  shall  keep  in  proper  books  a  record  of  all 
suits  instituted  by  him,  and  of  all  proceedings  therein. 

No.  19.  (7.)  He  shall  annually,  in  the  month  of  February, 
report  to  the  common  council,  the  titles  of  all  suits  in  his  hands, 
prosecuted  by  him  for  the  corporation,  then  pending,  and 
uncollected,  with  the  state  and  nature  thereof,  and  such 
information  as  may  be  proper. 

No.  20.  (8.)  The  fees  payable  to  the  assistant  city  attorney 
by  law,  for  collection  of  dues  to  the  city,  shall  be  a  full 
compensation  as  between  him  and  the  city  for  all  services  rendered 
by  him. 

No.  21.  (9.)  He  shall,  upon  the  expiration  of  his  term  of 
office,  or  resignation  thereof,  or  removal  therefrom,  forthwith,  on 
demand,  deliver  to  his  successor  in  office,  all  books  and  papers 
in  his  possession,  belonging  to  or  delivered  to  him  by  any  officer 
of  the  city,  together  with  his  record  of  suits  and  proceedings 
thrreon. 


ATTORNEY,,  CITY    ASSISTANT.  0 

No.  22.  (10.)  He  slmll^  before  entering  on  the  discharge  of  His  bond. 
the  duties  of  his  office,  give  bond  in  the  sum  of  ten  thousand 
dollars,  with  two  good  and  sufficient  securities  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office;  and  the 
cou^il  shall  have  the  right  to  require  new  or  additional  securities 
whenever  they  deem  that  given  insufficient. 

City  Ordinance  No.  1448.    Approved  March  CO,  1854. 

No.  23.  (1.)  That  the  eleventh  section  of  the  ordinance  No.  Amending  xo.!.*?. 
1448,  which  reads  as  follows  :  ''The  common  .council  will  elect 
annually  at  their  first  regular  meeting  in  May,  an  assistant  attorney, 
whose  duty  it  shall  be  to  collect  the  bills  of  all  defaulting  tax 
payers,  the  fine  denounced  by  law  or  any  ordinance  of  the  city 
for  violations  thereof,"  be,  and  the  same  is  hereby,  amended  so 
as  to  read  as  follows  : 

No.  24.  (2.)  The  common  council  will,  annually,  at  any  nia  election  and 
meeting  during  the  month  of  April,  elect  an  a.ssistant  attorney, 
whose  duty  it  shall  be  to  collect  the  taxes  due  by  all  defaulting 
tax-payers,  all  sums  for  licenses  due  this  corporation  from  all 
persons  who  shall  be  in' arrears  for  the  same,  as  well  as  all  fines 
denounced  by  law  or  the  ordinances  of  the  city  for  any  infraction 
of  the  same ;  and  that  the  assistant  attorney  so  elected  shall 
enter  upon  the  discharge  of  his  duty  on  the  first  Monday  of 
May  following  his  election. 

City  Ordinance  No.  21'21.    Approved  April  14,  1855. 

No.  25.  That  in  all  cases  where  injunctions  granted  a2;ainst 

,         .  .  ^  Till''  '^t-     Injunction  bonds 

the  city  or  its  omcers  are  dissolved,  the  city  attorney  in  his 
department,  and  the  assistant  city  attorney  in  his  department,  be 
authorized  to  institute  suits  on  the  injunction  bonds  to  recover 
damages,  whenever,  in  the  opinion  of  these  officers,  the  injunctions 
were  issued  without  legal  cause. 

City  Ordinance  No.  1980. 

No.  26.  That  the  city  assistant  attorney  be,  and  he  is  hereby  Not  to  sue  in  cer- 
instructed  not  to  place  any  claim  of  the  city  in  suit  in  any  court  ^^^^  courts. 
where  the  justice  or  clerk  of  the  court  have  failed  to  furnish 
weekly,  full  and  prompt  returns  of  moneys  collected  by  them ; 
and  the  assistant  attorney  is  further  instructed  to  report  weekly 
to  the  council  or  the  finance  committee,  any  such  delinquency 
of  any  officer  of  court  receiving  money  for  account  of  this 
eoi-poration. 

City  Ordinance  No.  1713, 

No.  27.  That  the  assistant    attorney   be  and  he  is   hereby  canceiin^of 
authorized;  in  all  cases  when  he  shall  be  satisfied  by  proper  J«<^smeuts. 


ATTCTION S    AND    AUCTION  K  F.IJ  S 


ovidence  tluit  the  persons  against  whom  judgment  have  b<?en 
rendered  in  fovor  of  the  city  for  taxes,  were  not  the  owners  of 
property  assessed  to  them,  to  cause  said  judgments  to  be  cancelled, 
and  that  he  be  required  to  keep  a  record  of  all  such  cases,  which 
shall  be  presented  to  the  treasurer,  together  with  his  reports  of 
collections. 

City  Ordioauce,  No.  2410. 

Recordin-r  of  ^^-  -^-     ^^^    assistant  city  attorney  is  hereby  directed  to 

judguieuts.  cause  to  be  recorded  the  judgments  in  favor  of  the  city  of  amounts 

of  ten  dollars  and  upwards,  and  that  the  treasurer  be,  and  he  is 
hereby  authorized  to  pay  on  the  warrant  of  the  comptroller,  fifty 
cents  for  each  insertion  of  said  judgments  by  the  recorder  of 
morgages. 

City  Ordinance,  No .  1176.    See  No,  183. 

For  his  duty  as  to  ordinances  relative  to  balls,  etc,  see  No.  62. 

gee  "  Comptroller,-'  No.  203. 

ACTS  OF  THE  LEGISLATURE, 

Act  IHoO,  p.   141,  sec,  24,  (placed  under  "Officers."} 

Act  ]85(i,  ]i.  l')'.),  sec.  107,  (placed  under  "Revenue.") 

Act  IH-jC,  p.  100,  sec.  108,  (placed  under  "  Offences.") 

Skc.  109.     Be  it  further  enacted,  etc.,   That  the  assistant  city  attor- 

biilanced  wet-kly  ^ey  sliall  balance  his  accounts  with  the  treasurer  of  the  city,  and  pay 
between  assist 
ant  city  attorney 


over  to  said  treasurer  all  moneys  collected  by  him  for  and  on  account 
and  treasurer.  of  said  city,  on  each  and  every  Saturday  of  each  and  every  week ;  and 
said  accounts  so  balanced  as  aforesaid,  shall  be  signed  by  the  attorney 
making  the  same,  and  sworn  to  before  said  treasurer,  who  is  hereby 
authorized  to  administer  an  oath  for  that  purpose. — Act  1856,  p.  160. 
Sec  Act  1853,  p.  SO. 


AUCTIONS  AND  AUCTIONEEllS. 

ACTS    OF    THE    LEGISLATURE. 

An  xVct  relative  to  Auctioneers. 
Manner  of  quali-  SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
auctfoneer'  '^^  ^'*^  /S'^cJ^e  of  Louisiana  in  General  Assembly  convened.  That  any  citizen  of 
the  State  may  become  an  auctioneer  for  the  parish  in  which  he  is  a 
qualified  voter,  and  be  authorized  to  sell  any  real  or  personal  property 
at  public  auction,  upon  giving  bond  and  security,  according  to  law,  and 
taking  tlie  oath  prescribed  by  Art.  90  of  the  Constitution. 
Bondofauc-  Skc.  2.     Be  it  further  enacted,  etc..  That  before  entering  on  the  dis- 

charge of  his  duties  he  shall  execute  his  bond  according  to  law,  with 
good  and  solvent  secm'ities,  conditioned  for  the  faithful  performance  of 
^all  the  duties  required  by  law,  towards  all  persons  who  may  employ 


tioneers. 


AUCTIONS    AND    AUCTIONEERS.  / 

iiim  as  auctioneer  ;  and  for  the  prompt  payment  of  the  taxes  or  com- 
missions payable  to  the  State,  and  of  all  the  sum?  ■which  he  shall 
receive  in  his  official  capacity,  belonging  to  other  persons. 

Sec.   3.     Be  it  further  enacted,  etc.,  That  the  bonds  to  be  given  shall  Amount  of 
be  in  the  following  amounts :   Ten  thousand  dollars  for  the  city  and  "°""'*' 
parish  of  Orleans,  and  two  thousand  dollars  for  the  other  parishes  of 
the  State. 

Sec.  4.     Be  it  further  enacted,  etc.,  That  every  auctioneer  shall  take  License  from 
out  an  annual  license  from  the  auditor  of  public  accounts,   authorizing  ^^"'^^^or, 
him  to  do  and  perform  all  the  business  properly  belonging  to  an  auc- 
tioneer. 

Sec.  5.     Be  it  further  enacted,  etc..  That  no  person  shall  act  as  an  Certain  peripons 
auctioneer  who  is  indebted  to  the  State  or  any  municipal  corporation,  floulu^Hs^ auc-"°^' 
for  any  tax  as  an  auctioneer,  or  any  license  or  commission  which  he  tioueers. 
has  neglected  to  pay  after  final  judgment  rendered  against  him  therefor. 

Sec.  6.     Be  it  further  enacted,  etc..  That  no  other  person  than  an  auc-  Who  may  exer- 
tioneer  or  a  civil  officer  acting  under  the  authority  of  some  covirt  of  the  ^^p  ^^.f.  '^"'''"*^s8 
United  States  or  of  this  State,  or  the  legal  representative  of  a  succes- 
sion  of  minors,    or  the  sheritf,  when  there    is    no  auctioneer  in    the 
parish,  shall  exercise  tlie  trade  or  business  of  an  auctioneer,  by  selling 
or  offering  for  sale  at  auction,  any  property,  real  or  personal,   within 
this  State,  under  a  penalty  of  five  hundred  dollars  for  each  offence,  one-  ^''^"^^*y- 
half  of  the  penalty  for  the  informer,  when  recovered. 

Sec.  7.  Be  it  further  enacted,  etc.,  That  all  property,  rights  or  cred-  Per  centum  to  be 
its,  which  shall  be  sold  at  public  auction,  or  at  private  sale  by  any  auc-  P",'?  T  T'roperty 
tioneer  (except  such  as  are  or  may  be  exempted  by  law)  shall  be  subject 
to  a  duty  of  one- half  of  one  per  centum  of  the  value  or  price  at  which 
it  shall  be  sold,  to  be  paid  by  the  person  who  shall  sell  the  same,  to  be 
subject,  each  and  every  time  it  shall  be  stricken  off,  to  duties  at  the 
above  rates. 

Sec.  8.     Be  it  further  enacted,  etc..  That  any  auctioneer  who  shall  Auctioneer  in 
neglect  to  pay  into  the  State  Treasury  the  duties  required  by  law  upon  ^^^'■^".V'/l'''''^?_*° 
auction  sales  made  by  him,  shall  forfeit  his  license,  and  in  case  he  refuse  cense, 
to  return  the  same,  the  auditor  of  public  accounts  shall  give  public 
notice  in  the  official  gazette  of  the  cause  for  which  the  license  of  such 
auctioneer  has  been  forfeited,  and  that  his  license  has  been  withdrawn 
from  him. 

Sec.  9.     Be  it  further  enacted,  etc.,  That  every  auctioneer  in  the  city  Quarterly  ac- 
of  New  Orleans  shall  make  out  in  writing  a  quarterly  account,  dated  count  to  be  ren- 
on  the  last  days  of  March,  June,  September  and  December,  and  shall  tioneers  in  New 
therein  state  minutely  and  particularly  ;  eans. 

First,  The  sums  for  which  any  goods  or  effects  shall  have  been  sold, 
at  every  auction  held  by  him  from  the  date  of  his  last  quarterly  account. 

Second,  The  days  on  which  sales  were  made,  and  the  amount  of  each' 
day's  sale. 

Third,  The  amount  of  all  private  sales  made  by  himself  or  any  of  his 
partners  in  commission,  and  the  days  on  which  such  sales  were  made. 


AUCTIONS    AM)    ATU-riONHERS. 


Auimal  stato- 
iiieat  to  be  mado 
by  auctioneers 
in  the  other 
])arishes. 
Accounts  to  be 
audited  by  the 
auditor. 


Oath  to  b«  taken 
by  auctioneers. 


Oatli  to  be  re- 
duced to  writing. 

Duties  when   to 
be  p.iid  into 
treasury. 


Affidavit  to  be 
made  by  auction- 
eer in  case  he 
has  made  no 
sales. 


Mileage    allowed 
auctioneers. 


Provisions  rela- 
tive to  the  sale 
of  jewelry  by 
auctioneers. 


Foui'ili,  The  amount  of  (.liities  cliiirgoable  on  all  sales,  public  or  pri- 
vate, mentioned  in  the  account. 

Sec.  10.  Be  il  further  enacted,  etc.,  That  the  auctioneers  throughout 
the  State,  those  in  the  parish  of  Orleans  excepted,  shall  settle  their  ac- 
counts with  the  treasurer  annually. 

Sec.  11.  Be  it  further  enacted,  etc.,  That  every  such  account,  -within 
ten  days  after  the  day  on  wlrich  it  is  dated,  shall  be  exhibited  to  the 
auditor  of  public  accounts,  who  is  required  to  audit  in  the  city  of  New 
Orleans  the  accounts  of  any  auctioneer  of  that  parish,  and  charge  a  fee 
of  five  dollars  therefor,  and  every  auctioneer  exhibiting  an  account 
shall  take  the  following  oatli  before  the  auditor,  and  auctioneers  of  the 
rest  of  the  State  shall  take  it  before  any  justice  of  the  peace  of  the 
parish  in  which  they  are  authorized  to  exercise  their  functions  : 

"  I  do  solemnly  swear  (or  affirm)  that  the  account  exhibited  by  me,  and 
to  Avhich  I  have  subscribed  my  name,  contains  a  just  and  true  account 
of  all  property  of  ever'y  description,  sold  or  struck  oft'  at  public  sale, 
or  sold  by  me  at  private  sale  on  commission,  Avhether  subject  to  duty  or 
not,  and  the  day  on  which  the  same  were  respectively  sold  ;  that  I  have 
examined  the  entry  of  all  sales  mentioned  in  said  account,  in  the  book 
kept  by  me  for  that  purpose,  and  fully  believe  this  account  to  be  in  all 
respect!*  correct." 

Sec.  12.  Be  it  further  enacted,  etc..  That  such  oath  shall  be  reduced 
to  Avriting,  be  endorsed  on  the  account,  and  be  subscribed  by  the  auc- 
tioneer taking  it ;  and  every  auctioneer  of  the  parish  of  Orleans, 
within  ten  days  after  he  shall  have  exhibited  his  account  as  aforesaid, 
shall  pay  for  the  use  of  the  State,  into  the  treasury  thereof,  the  duties 
accrued  on  the  sales  mentioned  in  the  account. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  every  auctioneer  who, 
within  the  period  limited  for  his  accounting,  shall  have  made  no  sales, 
public  or  private,  of  any  property,  real  or  personal,  liable  to  auction 
duties,  shall  make  and  subscribe  an  affidavit  of  those  facts  before  the 
auditor  or  justice  of  the  peace. 

Sec.  14.  Be  it  further  enacted,  etc..  That  in  addition  to  the  number  of 
days  allowed  by  the  law,  within  which  auctioneers  are  required  to  ren- 
der their  accounts  and  make  payment  of  commissions  to  the  treasurer, 
thej'-  shall  be  entitled  to  one  dollar  for  every  twenty  miles  of  distance 
from  the  seat  of  government  to  the  parish  site  of  their  respective  par- 
ishes. 

Sec.  15.  Be  it  further  enacted,  etc.,  That  it  shall  be  the  duty  of  every 
auctioneer  who  shall  ofi'er  for  sale  jewelry  of  any  kind  or  description,  to 
announce  to  the  persons  present,  in  a  loud  voice,  whether  the  same  be 
gold,  silver  or  base  metal,  before  proceeding  to  sell  the  same ;  also, 
whether  the  article  oftered  is  to  be  sold  by  the  lot  or  by  the  piece,  and 
if  by  the  piece,  the  number  of  pieces.  Every  auctioneer  who  shall  ofi'er 
for  sale  any  jewelry,  withoutfirst  making  such  announcement,  shall,  on 
conviction  thereof,  pay  a  fine  of  not  more  than  one  hundred  dollars  nor 
less  than  fifty  dollars  for  each  offence,  and  said  sale  shall  not  be  binding 
')}!  the  bidder. 


ATTCTIONS  AND  AUCTIONEERS.  9 

Sec.  16.  Be  it  further  enacted^  ^c,  That  it  shall  be  the  duty  of  every  sale  of  cutlery 
auctioneer,  before  he  shall  proceed  to  sell  any  cutlery,  whether  in  a  box  ^^  auctioneers, 
or  on  a  card,  to  state  whether  it  is  to  be  sold  by  the  piece  or  in  gross,  and 
if  by  the  piece,   the  cumber  of  pieces  offered  for  sale ;    and  every 
auctioneer  who  shall  neglect  or  refuse  to  announce  the  same  shall  pay  a  ' 

fine  of  not  more  than  one  hundred  dollars  nor  less  than  fifty  dollars,  and 
the  sale  shall  not  be  binding  on  the  purchaser. 

Sec.  17.     Be  it  further  enacted,  ^c,  That  the  purchaser  at  an  auction  Right  of  pur- 
sale  of  any  watch,  plate  or  jewelry,  shall  have  the  right  to  return  it  to  certain  articles 
the  auctioneer  at  any  time  within  twenty  hours  from  the  day  of  the  sale,  ^o  auctioneer, 
if  the  watch,  plate  or  jewelry  be  not  of  the  quality  represented  by  him, 
and  the  auctioneer  shall  return  to  the  purchaser  the  price  of  the  article  ; 
should  he  refuse  to  do  so,  he  shall  forfeit  his  license  and  be  liable  to  a 
fine  of  five  hundred  dollars. 

Sec.  18.  Be  it  further  enacted,  ^c.  That  any  auctioneer  who  shall  Relative  to  mock 
exhibit  and  offer  for  sale  at  auction  any  article  setting  forth  its  value  and 
character,  and  through  the  aid  of  mock  bidders  induce  its  purchase  by  a 
real  bidder,  and  who  shall  afterwards  substitute  any  article  in  lieu  of 
that  offered  to  and  purchased  by  the  bidder,  shall,  on  conviction  thereof, 
be  fined  and  imprisoned  at  the  discretion  of  the  court,  and  any  mock 
bidder  at  any  auction  sale  so  made  shall  suffer  the  like  penalty. 

Sec.  19.     Be  it  further  enacted,  ^'c,  That  it  shall  not  be  lawful   for  Auctioneers  pro> 
any  person  acting  as  auctioneer,  to  purchase,  either  directly  or  indirectly,  chasing  at  their 
any  property  at  a  sale  made  by  him,  and  any  such  sale  shall  be  null  and  ^^^'^  ^'*^^^- 
void. 

Sec.  20.     Be  it  farther  em  cted,  ^c,  That  auctioneers  shall  make  in  In -what  cases 
person  all  sales  advertised  by  them,  except  in  case  of  temporary  absence  may  hiive°Tsaic 
or  sickness,  in  which  event  thty  may  appoint  any  one  of  duly  licensed  made  for  him  by 
auctioneers  of  the  city  or  parish  to  act  for  them  ;  such  appointment  shall 
not  be   made  without  the  written    consent  of    the  securities    of  the 
auctioneer,  which  written  consent  shall  prevent  the  securities  from  pleading 
any  exemption  from  their  responsibility  on  the  bond  of  the  auctioneer  in 
consequence  of  any  appointment  made  under  the  provisions  of  this  section. 

Sec.  21.  Be  it  further  enacted,  ^c,  That  no  auctioneer  in  the  city  of  Restrictions  as  to 
New  Orleans  shall,  at  the  same  time,  have  more  than  one  house  or  store  tioWaies.^ 
for  the  purpose  of  holding  his  auction  of  dry  goods  sales,  and  one  for  the 
purpose  of  holding  his  grocery  sales.  He  may  sell  at  different  exchanges 
in  the  city  or  at  private  stores,  when  called  upon  to  do  so  by  the  owners, 
any  kind  of  moveable  or  immoveable  property.  He  may  sell  in  the 
public  streets  or  on  the  levee  all  goods  sold  in  original  packages  as  imported, 
household  furniture,  and  such  bulky  articles  as  are  usually  sold  at  such 
places.  And  every  auctioneer,  on  the  first  day  of  November  of  each 
year,  shall  designate,  in  a  writing  signed  by  him,  such  house  or  store, 
and  shall  also  name  therein  the  partner,  if  any  engaged  with  him  in 
business,  and  shall  deposit  the  writing  or  declaration  with  the  auditor. 

Sec.  22.     Be  it  further  enacted,  ^c,  That  no  auctioneer  shall  demand  per  ccntage  to  be 
or  receive  a  higher  compensation  for  his  services  than  a  commission  of  P*^*^  auctioneers. 
two  and  a  half  per  cent,  on  the  amount   of  any  sale,  public  or  private, 
2 


10  AtTCTlONS  AND  AUCTIONEERS. 

made  by  liim,  and  on  sales  of  succession  property,  of  property  belonging 
to  minors,  or  in  which  they  may  be  interested,  and  on  property  surrendered 
by  insolvents,  made  pursuant  to  an  order  or  decree  dl  any  court  of  the 
State,  by  the  sheriff  or  an  auctioneer,  upon  all  sums  under  twenty-five 
hundred  dollars  one  per  cent,  and  on  all  suras  over  that  amount  one-half 
of  one  per  cent.  In  all  sales  made  by  the  representatives  of  a  succession 
or  syndic  of  an  insolvency  they  shall  charge  no  commission. 
Certain^laws  g^c.  23.  Be  it  further  enacted,   etc.,  That  all  laws   or  parts   of  laws 

conflicting  with  the  provisions  of  this  Act,  and  all  laws  on  the  same 
subject-matter,  except  what  is  contained  in  the  civil  code  and  code  of 
practice,  be  repealed. — Acts  of  1855,  p.  106, 


An  Act  relative  to  Judicial  and  other  Sales  made  at  Public  Auction. 

Si^CTiON  1.     Be  it  enacted  by  the  Senate  and  Houst  of  Representatives   of 

Statement  in         the  kUate  of  Louisiana  in  General  Assembly  convened,  That  in  all  auction 

time  and  place  of  sales  made  by  sheriffs,  auctioneers,  or  others  authorized  to  sell  at  public 

advertising.  auction,  which  are  required  by  law  to  be  preceded  by  advertisement,  it 

shall  be  the  duty  of  the  officer  making  the  sale,  in  his  process  verbal 

or  act  of  sale,  to  state  the  manner,  time  and  place  of  making  such 
Effect  of  sucli       advertisements  ;  which  statement,  when  so  made,  shall  be  proof  of  the 

manner,  time  and  place  of  making  the  advertisement, 
rroof  of  sale  to      Sec.  2.     That  when  any  question  shall  arise  out  of  any  public  sale, 
ovideiiTe  ofTegal  "^^*^^^  ^J  ^^^J  person  authorized  to  sell  at  public  auction,  and  which 
advertisement,      sale    was    required  by  law    to  be  preceded   by  advertisements,   the 

sale  being  proved,  it   shall  be   prima  facie   evidence   that   the  legal 

advertisements  were  regularly  made. 
Responsibility  Sec.  o.     That  if  any    person  authorized  by  law  to  sell  at  public 


Tert"ise^*^°*^  ^°  ^^'  ^^^^^^^^  shall  fail  to  advertise  as  required  by  law,  he  shall  be  personally 

liable  for  all  damages  which  may  result  therefrom. 
Prescription  Sec.  4.     That  all  informalities  connected  with  or  growing  out  of  any 

ities  growing  out  public  sale,  made  by  any  person  authorized  to  sell  at  public  auction, 
of  public  sale.       ghall  be  prescribed  against  by  those  claiming  under  such  sale,  after  the 
lapse  of  five  years  from  the  time  of  making  it,  whether  against  minors, 
married  women,  or  interdicted  persons. 
Property  to  bo  Sec.  5.     That  all  property,  real  and  personal,  sold  at  auction,  shall 

highest  bidder      in  all  cases  be  struck  off  to  the  highest  bidder,  except  such  as  may  be 
!!^rfi'*  ^°  certain  limited,  which  shall  be  announced  by  the  auctioneer  before  the  bidding 
commences ;  and  when  the  owner,  or  any  person  employed  by  him, 
shall  be  such  bidder,  they  shall  be  subject  to  the  same  duties  as  if 
struck  off  to  any  other  person. 
All  auction  sales      Sec.  6.     That  all  sales  of  goods  in  the  city  of  New  Orleans  by  public 

in   New  Orleans  *= 

to  be  made  in  the  auction,  excepting  sales  of  books,  shall  be  made  in  the  daytime,  between 

frrboorrs"nri--d  sunset. 

Penalty  for  not       Sec.  7.     That  it  shall  not  be  lawful  for  any  auctioneer,  or  person  acting 

producing  certifi-  as  such,  to  Sell  any  real  estate  or  slave,  without  first  producing  and 

cate  of  mortgage.  ..  ./  '        .  _  - 

reading    a    certificate    of    mortgage,    showing    the    mortgages    and 

incumbrances  recorded  against  the  property  offered,  under  a  penalty  of 

five  hundred  dollars  foi*  each  offence,  to  be  recovered  by  the  purchaser. 


AWNINGS,  SHEDS  AND  HANGING  SIGNS.  11 

Sec.  8.     That  all  judicial     sales   throughout    the    State,  made   in  Judicial  saleg,  by 
pursuance  of  any  order,  judgment  or  decree  of  any  court  of  this  State,  ^'^^^  made, 
(except  that  of  justices  of  the  peace,)  shall  be  made  by  the  sheriff  of 
the  parish  where  such   sale  is   made,    except  in  the   cases  hereafter 
provided. 

Sec.  9.  That  all  sales  of  property  of  successions,  of  property  Succession  sales, 
belonging  to  minors,  or  in  which  minors  are  interested,  made  pursuant  ^  ^  om  ma  e. 
to  an  order  or  decree  of  any  court  of  this  State,  may  be  made  either  by 
the  sheriff  or  an  auctioneer  of  tlft  parish  or  city  in  which  such  sale  is 
to  be  made,  or  by  the  representatives  of  successions  ;  and  it  shall  be 
the  duty  of  the  court  ordering  the  sale  to  direct  that  the  same  be  made 
by  the  sheriff  or  by  such  auctioneer  as  shall  be  selected  by  the  parties 
or  by  the  representative  of  the  succession. 

Sec.  10.     That  all  process-verbals   of  sales  of  succession  property,  Process  verbal 
signed  by  the  sheriff  or  other  person  making  the  same,  by  the  purchaser  tic  acts. 
and  two  witnesses,  are  declared  to  be  authentic  acts. 

Sec.   11.     That  the  sheriff,  or  other  person  making  sales  of  succession  Notes  and  secu- 
property  on  credit  terms,  shall  be  authorized  to  receive  for  tiic  price  taken.^  ^  °°^ 
the  notes  of  the  purchasers,  and  identify  them  by  description  in  the 
adjudication.     The  securities  on  the  notes  shall  in  all  cases  be  approved 
by  the  vendor  or  the  party  representing  him. 

Sec.  12.     That  on  the  registering  of  such  process-verbals  of  sales  in  Duty  of  recorder 
the    office  of  the  recorder  or  register  of  conveyances  of  the  parish  convevances^ 
where  the  property  so  adjudicated  may  be  situated,  the  recorder  or 
register  shall  be  authorized  to  indentify  with  the  sales  the  notes  or 
bonds  received,  as  above  stated,  by  his  paraph,  in   order  that  he  may 
raise  the  mortgage  when  they  shall  have  been  paid. 

Sec.  13.     That  in  all  cases  where  judicial  sales  of  property  are  Certain  sales 
required  to  be  made  in  the  parishes  of  St.  Bernard,  Plaquemines  and  New  OrleTns.^  ^" 
Jefferson,  it  shall  be  laA  ful  to  cry  and  adjudicate  the  property  in  the 
city  of  New  Orleans,  if  thereto  requested  by  the  party  at  whose  instance 
the  order  of  sale  was  issued  ;  and  in  case  of  sales  under  writs  if  thereto 
requested  by  all  parties  interested. 

Sec.  14.     That  all  laws  orpartsof  laws  conflicting  with  the  provisions  Certain  laws 
of  this   Act,  and  all  laws  on  the  same  subject-matter,  except  what  is  ^*^^^^^  ' 
contained  in  the  civil  code  and  code  of  practice  be  repealed. — Acts  of 
1855,  p.  76. 


AWNINGS,  SHEDS  AND  HANaiNG  SIGNS. 

No.  29.     (1.)  Itshall  not  be  lawfulforthe  tenants  or  occupants  What  unlawful, 
of  stores  or  dwellings  to  suspend  or  hang  over  the  sidewalks  or 
footways,  any  awnings,  sheds  or  hanging  signs,  unless  the  same 
be  at  least  eight  feet  above  the  level  of  said  sidewalks  or  footways, 
under  a  penalty  of  ten  dollars  per  diem  for  each  and  every  day 


12 


AWNINGS,  SHEDS  AND  HANGING  SIGNS. 


Duty  of  police. 


Duty  of  street 
commissioner. 


When  to  take 
effect. 


Repealing  clause 


Awnings  mask' 
ing  lights,  etc. 


To  be  covered 
■with  tin,  etc. 


Erected  under 
street  commis- 
sioner. 


Amending  No.  Si 


said  awnings,  shed  or  signs  remain,  after  being  duly  notified  for 
the  removal  of  the  same. 

No.  30.  (2.)  It  is  made  the  duty  of  all  police  officers  to 
report  to  the  commissioner  of  streets,  or  any  of  his  deputies,  any 
infringements  of  the  foregoing  section. 

No.  81.  (3.)  It  is  hereby  made  the  special  duty  of  the 
commissioner  of  streets,  or  his  deputies,  to  prosecute  to  conviction 
any  violations  of  this  ordinance,  after  due  notice  has  been  served 
as  aforesaid. 

No.  32.  (4.)  This  ordinace  shall  not  take  effect  until  after 
it  shall  have  been  published  by  the  mayor  in  the  official  journal 
for  twenty  days. 

No.  33.  (5.)  All  ordinances  or  parts  of  ordinances,  contrary 
to  the  foregoing,  be,  and  the  same  are  hereby,  repealed. 

City  Ordinance  No.  30.  Approved  May  17,  1862. 

No.  34.  (1.)  That  the  street  commissioner  be  and  he  is 
hereby  directed  to  notify  all  such  persons  as  may  have  erected 
awnings  or  sheds,  covering  the  banquettes  in  the  city,  and  which 
in  anywise  mask  any  of  the  street  lamps  or  prevent  said  lamps 
from  giving  a  full  light  on  the  banquettes  and  streets,  to  alter 
and  change  the  same  so  as  not  to  obstruct  the  light  from  said 
lamps ;  and  that  said  awnings  or  sheds  be  rendered  fire-proof  by 
covering  the  same  with  tin,  or  any  substance  non-ignitable  in  the 
event  of  fires  adjacent;  and  that  in  default  of  compliance  on 
the  part  of  said  person  or  persons,  v  Ithin  ten  days  from  said 
notification,  the  person  or  persons,  so  I'ailing  to  alter  or  change 
said  awnings  or  sheds,  shall  pay  a  fine  of  $5  for  each  and  every 
day  they  shall  neglect  to  make  such  alteration  or  change, 
recoverable  before  any  court  of  competent  jurisdiction,  for  the 
use  of  the  city. 

No.  35.  (2.)  No  person  or  persons  shall  hereafter  erect  any 
awning  or  shed  within  the  limits  of  the  city,  except  under  the 
direction  of  the  street  commissioner ;  all  ordinances  or  parts  of 
ordinances  conflicting  with  the  foregoing  are  hereby  repealed. 

City  Ordinance,  No.  3065.    Approved  Nov.  7, 1856. 

No.  86.  Resolved,  That  ordinance  No.  8065  be  so  amended 
that  awnings  alone  within  the  fire  limits  of  the  city  shall  be 
required  to  be  covered  with  non-ignitable  substances  to  protect 
them  from  fires  adjacent. 

City  Ordinance,  No.  3188. 


BAKERY.— BREAD,  13 


BAKERY.— BEEAB. 

An  Ordinance  for  establishing  the  assize  and  regulating  the  weight  and 
inspection  of  tread. 

No.    37.      (1.)  Every  pergon  intending   to    undertake   the  Must  enter 

,     ,  .  ,       .  ,  ,  ,       name  at  mayor's 

baking  business,  or  any  such  person  or  persons  who  may  be  office,  etc. 
engaged  in  the  same,  either  in  person,  or  by.  employing  any  other 
person  to  carry  on  the  said  trade  or  business  under  his  or  her 
directions,  or  for  his  or  her  profit,  within  the  limits  of  the  city 
of  New  Orleans,  must,  previously  to  his  or  her  commencing  in 
that  business,  make  a  declaration  of  his  or  her  intention  at  the 
mayor's  office,  and  have  his  or  her  name  entered  in  a  book  kept 
for  that  purpose ;  and,  in  default,  shall  be  liable  to  a  fine  of 
twenty-five  dollars,  recoverable  before  any  court  of  competent 
jurisdiction,  for  the  benefit  of  the  city. 

No.  38.  (2.)  Every  baker  shall  cause  all  loaf  bread  whatsoever,  Loaves  to  bo 
which  he  or  she  shall  bake  or  cause  to  be  baked,  to  be  marked  ™^'^^^'^'  ^^'^' 
with  the  initial  letter  of  his  or  her  name  or  names,  or  any  other 
particular  mark  plainly  to  be  seen,  and  it  shall  be  the  duty  of 
the  bakers  to  make  known  their  respective  stamp  or  mark  at  the 
mayor's  office,  and  the  said  mark  shall  be  designated  after  their 
names  in  the  book  above  mentioned. 

No.  39.  (3.)  All  bakers  or  other  persons  using  or  carrying  Quality  of  flour, 
on  the  trade  or  business  of  a  baker,  as  aforesaid,  shall  make  or 
cause  to  be  made  all  their  loaf  bread  of  good  and  wholesome 
flour,  and  they  shall  give  it  the.  weight  which  may  be  fixed  by 
virtue  of  the  present  ordinance  or  any  other  ordinance  hereafter 
passed  relative  thereto,  by  the  common  council ;  and  further,  all 
bakers  or  persons  using  or  carrying  on  the  trade  or  business  of  a 
baker,  shall  only  be  allowed  to  sell  or  expose  for  sale,  loaves  of 
bread  of  the  value  of  two  dimes,  one  dime,  or  half  dime^  provided 
every  half  dime  loaf  shall  have  one-half  of  the  weight  fixed  by 
the  tariff  for  the  one-dime  loaf,  and  every  two-dime  loaf  shall 
have  double  the  said  weight. 

No.-  40.     (4.)  Bakers,  tavern  keepers,  and  other  persons  selling  Weights  and 
bread,  or  off'ering  the  same  for  sale,  are  required  to  have  weights 
and  scales,  duly  regulated  by  the  standards;  and  the  inspectors  of 
weights  and  measures  are  authorized  to  proceed  to  try  them, 
agreeably  to  the  law  respecting  weights  and  measures. 

No.  41.     (5.).  The  mayor  will  direct  the  police  officers  and  SScerfaff'^" 
the  commissaries  of  the  several  markets  to  inspect  and  examine,  ™issaries  of 


14  BAKERY. — BREAD. 

within  the  several  wards  and  districts  of  this  city^  at  least  once  a 
week,  all  loaf  bread  baked  by  or  on  account  of  the  bakers,  in 
order  to  ascertain  whether  the  same  is  made  of  good  and 
wholesome  flour,  whether  the  same  is  marked  as  is  hereby  required, 
and  to  ascertain  the  weight  thereof,  and  to  determine  whether 
the  weight  be  sufficient  according  to  the  established  assize  ;  and 
for  these  purposes  every  such  police  officer  and  commissary  duly 
authorized,  shall  have  power  and  authority,  at  any  time  between 
the  rising  and  setting  of  the  sun,  to  enter  any  bakehouse  shop, 
storehouse,  or  any  other  building,  or  inclosure  where  any  loaf 
bread  is  or  shall  be  baked,  stored,  deposited,  or  kept,  as  also  to 
enter  any  tavern  or  other  house,  where  any  loaf  bread  is  deposited 
or  kept,  to  be  sold  to  the  public.  And  the  police  officers,  watchmen, 
commissaries  of  the  markets,  or  other  white  persons,  are  duly 
authorized  to  stop  and  detain  all  bakers  or  other  persons,  slaves 
or  free,  carrying  for  sale  bread  in  baskets,  or  otherwise,  through 
the  public  streets ;  and  in  the  two  cases  aforesaid,  after  having 
inspected  and  weighed  said  bread,  if  the  police  officer,  or  other 
persons  duly  authorized,  finds  that  it  is,  in  whole  or  in  part, 
unstamped,  or  wanting  in  weight,  or  not  baked  agreeably  to  the 
present  ordinance,  he  shall  conduct  the  offender  or  offenders  before 
one  of  the  recorders  of  the  several  districts,  who  will  pronounce 
the  seizure  and  confiscation  of  said  bread  for  the  use  of  the  city 
workhouse,  and,  in  addition,  a  penalty  of  twenty-five  dollars 
against  the  offender,  recoverable  as  aforesaid,  for  the  benefit  of 
the  city. 

Size  of  loaf,  etc.  No.  42.  (6.)  The  mayor  shall  publish  in  the  usual  papers, 
every  Saturday,  an  assize  of  bread  for  the  ensuing  week  ;  to  this 
effect  he  shall  estimate  a  barrel  of  flour  to  produce  three  thousand 
sevc  1  hundred  and  thirty- two  ounces  of  bread,  (American  weight) 
and  in  order  to  ascertain  the  weight  of  the  dime  loaf,  the  number 
of  ounces  shall  be  divided  by  a  number  equal  to  the  number  of 
dimes  a  barrel  of  flour  may  be  worth  in  the  market  at  the  time 
of  fixing  the  assize,  and  adding  the  five  dollars,  or  fifty  dimes, 
allowed  to  bakers  by  the  law — the  quotient  shall  be  the  number 
of  ounces  a  dime  loaf  shall  weigh. 

Size  of  loaf,  etc.  No.  43.  (7.)  Whenever  according  to  the  preceding  operation, 
the  fractional  parts  are  less  than  half  an  ounce,  they  shall  be 
taken  off  the  loaf,  and  when  half  an  ounce  or  more,  an  ounce 
shall  be  added  to  it.  The  whole,  moreover,  in  conformity  to  the 
tariff  subjoined  to  the  foregoing  ordinance. 


BALLS,   THEATRES  AND  I»tJBLIC)  EXHIBITIONS. 


15 


WEIGHTS   OP  LOAVES   WITH  CORRESPONDING  PRICES. 


$4  00 

5  00 

6  00 

83 

75 

68 

ounces 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 
do 

41  ounces 

37  do 

34  do 

31  do 

29  do 

27  do 

25  do 

23  do 

22  do 

21  do 

20  do 

19  do 

18  do 

21  ounces 

19  do 

• 17  do 

7  00 

8  00 

62 

57 

16  do 

14  do 

9  00 

53 

13  do 

10  00 

50 

12  do 

11  00 

47 

12  do 

12  00 

44 

11  do 

13  00 

41 

10  do 

14  00 

39 

10  do 

15  00 

....."..37 

9  do 

16  00 

36 

9  do 

No.  44.  (8.)  It  shall  be  lawful  for  all  bakers  or  other  per-  size,  quality,  etc. 
sons  carrying  on  the  business  within  the  city  aforesaid,  to  n.ike 
two  kinds  of  bread ;  the  first  shall  be  of  the  best  superfine,  and 
the  second  of  fine  flour,  but  good  and  wholesome ;  the  weight 
of  loaves  made  of  the  first  quality  of  flour  shall  be  according  to 
the  foregoing  assize,  and  the  weight  of  loaves  made  of  the  second 
quality  shall  weigh  one-eighth  more ;  and  further,  all  bread  of 
the  first  quality  shall  be  stamped  with  the  figure  1,  and  the  sec- 
ond with  the  figure  2,  in  addition  to  the  stamp  or  the  mark  of 
the  baker,  and  any  baker  not  complying,  shall  be  liable  to  a  fine 
of  twenty-five  dollars,  recoverable  as  aforesaid. 

No.  45.     (9.)  All  ordinances  and  resolutions  conflicting  with  Repealing  clause, 
the  foregoing  be,  and  the  same  are  hereby,  repealed. 

City  Ordinance,  No.  8046.    Approved  October  30th,  1856. 


BALLS,  THEATRES  AND  PUBLIC  EXHIBITIONS. 

An  Ordinance  concerning  Public  Balls,  Theatres  and  Public  exhibitions. 

No.  46.     (1.)  It  shall  not  be  lawful  for  any  person  or  per-  Permission  to  be 
sons  to  give,  within  the  limits  of  the  city,  any  public  balls  of  '^^*«»°^'^" 
whatsoever  description,   under  the  penalty  of  fifty  dollars  fine 
for  each  and  every  contravention,  unless  permission  in  writing, 
be  previously  obtained  from  the  mayor,  to  give  said  ball  or  balls, 
and  after  payment  of  license  tax. 


16  BALLS,   THEATRES  AND  PUBLIC  EXHIBITIONS. 

Mayor  to  close  No.  47.  (2.)  Whenever  the  foregoing  provision  shall  be 
violated,  it  shall  be  the  duty  of  the  mayor  to  cause  the  said  ball 
or  balls  to  be  closed  immediately  by  the  police. 

Duration  of  the  No.  48.  (3.)  Evcry  person  giving  a  public  ball,  who  shall 
prolong  the  duration  of  the  same  beyond  the  hour  fixed  by  the 
mayor's  permit,  shall  pay  a  fine  of  twenty-five  dollars  for  each 
and  every  such  ofi"ence. 

Relative  to  wea-  No.  49.  (4.)  It  shall  uot  be  lawful  for  any  person  to  enter 
into  a  public  ball  room  with  a  cane,  stick,  sword  or  any  other 
weapon,  and  every  person  having  such  weapon  shall,  before  he 
enters  the  ball  room,  deposit  the  same  at  the  office,  which  shall 
be  at  the  door  of  the  entrance  of  said  ball  room.  At  every  pub- 
lic ball,  there  shall  be  a  person  apppointed  to  receive  and  take 
care  of  such  articles. 

Penalty  for  car-       No.  50.     (5.)  Evcry  pcrson  entering  any  public  ball  room  in 

ball  room,  etc.  contravcntion  of  the  above  provision,  shall  pay  a  fine  of  five  dol- 
lars; and  every  person  giving  a  public  ball  without  having 
previously  established  an  office  at  the  door  of  the  entrance  of  the 
said  ball  rooom,  and  without  appointing  a  person  to  receive  and 
take  care  of  weapons,  in  the  manner  aforesaid,  shall  pay  a  fine  of 
twenty-five  dollars,  for  the  first  offence,  and  if  it  be  repeated,  the 
offender  shall  forfeit  the  right  to  give  any  public  ball  thereafter. 

Police  for  places      No.  51.     (6.)  The  mayor  shall  nominate  and  appoint  a  suffi- 

of  amusement.         .  -in  it 

cient  number  oi  men  to  be  policemen,  and  to  form  under  that 
denomination  a  guard  for  theatres,  public  exhibitions  and  balls, 
in  order  there  to  receive  and  execute  the  orders  and  directions  of 
the  mayor  and  officers  of  the  police,  as  to  what  concerns  the 
maintenance  of  good  order  in  the  aforesaid  premises.  Provided 
that  their  number  shall  not  exceed  five  men  for  each  of  such 
theatres,  exhibitions  and  balls. 

Their  compensa-  "^q.  52.  (7.)  The  polioem'en  on  guard  at  said  theatres  or  ex- 
hibition, shall  be  paid  by  the  acting  managers  or  other  person 
having  the  direction  of  the  said  exhibition,  at  the  rate  of  one 
dollar  and  fifty  cents  for  each  policeman  every  time  of  perform- 
ance, and  every  policeman  on  duty  at  a  ball  shall  be  entitled  to 
require  from  the  person  keeping  the  said  ball,  the  said  compensa- 
tion of  one  dollar  and  fifty  cents,  when  the  ball  ends. 

City  police.  No.  53.     (8.)  In  no  case  shall  the  above  mentioned  service  be 

at  the  expense  of  the  city,  nor  shall  any  of  the  men  composing 
the  city  police  be  employed  on  that  duty,  unless  in  case  of  any 
disturbance  breaking  out  in  any  of  the  aforesaid  places,  and  then 
only  until  tranquility  be  restored. 


17 

No.  64.     (9.)  All  persons  are  forbidden  to  oppose  or  disturb  opposing  police. 
any  of  the  aforesaid  policemen  in  tbe  legal  execution  of  their 
office,  or  to  utter  against  them  invectives  or  opprobrious  language 
in  the  discharge  of  their  duty,  and  every  person  herein  offending 
shall  pay  a  fine  of  from  ten  to  fifty  dollars  for  every  such  offence. 

No.  55.  (10.)  No  person  shall  exhibit  or  cause  to  be  exhibit-  permission  and 
ed  any  dramatic  composition,  ballet,  pantomime  or  other  perform-  *^^' 
ance  of  that  kind,  in  any  theatre  in  the  city  where  all  per- 
sons are  admitted  for  their  money,  nor  shall  any  person  entertain 
the  public  with  any  display  of  fireworks,  rope  dancing  or  any 
performance  of  any  kind  whatever,  without  having  obtained  from 
the  mayor  permission  for  that  purpose  and  paid  the  tax  thereon, 
on  a  penalty  of  a  fine  of  twenty-five  dollars,  for  every  such 
offence,  and  the  said  permission  shall  express  the  object  and  the 
length  of  time  for  which  it  is  granted. 

No.  56.  (11.)  All  persons  attending  any  public  spectacle  are  Disorderly  acts, 
forbidden  to  commit,  either  at  the  doors  or  in  the  theatre,  lobbies, 
galleries,  or  corridors,  any  disorderly  acts,  to  behave  riotously,  to 
make  any  noise,  to  use  violence,  insult,  indecence,  or  to  offer  any 
kind  of  aggression,  to  have  their  hats  on  while  the  curtain  is 
raised,  or  to  smoke  in  the  theatre,  the  galleries,  lobbies,  or  corridors ; 
And  every  person  who,  on  being  thereto  required  by  any  police 
officer  on  duty  at  the  public  spectacle,  shall  neglect  or  refuse  to 
observe  what  is  prescribed  in  this  section,  shall  be  arrested  and 
fined  not  less  than  five  nor  more  than  twenty-five  dollars. 

No.  57-  (12.)  It  shall  not  be  lawful  for  any  white  person  to  Persons  of  color, 
occupy  any  of  the  places  set  apart  for  people  of  color,  and  the  lat-  ^ 
ter  are  likewise  forbidden  to  occupy  any  of  the  places  reserved 
for  white  people  at  any  public  exhibition  or  theatre,  and  any 
person  offending  against  this  section  shall  immediately  leave  the 
place  so  unduly  occupied,  or  if  he  refuse  or  neglect  so  to  do,  shall 
pay  a  fine  of  five  dollars. 

No.  58.  (13.)  The  public  officers  shall  give  the  necessary  Vehicles  at  places 
orders  that  the  carriages  of  persons  going  to  public  exhibitions  '^™"^^°^*°  • 
be  arranged  in  a  convenient  manner  in  the  places  they  shall  ap- 
point, so  as  not  to  intercept  the  public  passage,  or  occasion  any 
disorder;  and  all  coachmen  are  ordered  not  to  leave  their  horses 
during  the  public  exhibition,  under  a  penalty  of  ten  dollars,  for 
which  fines,  masters  shall  be  responsible  for  their  slaves. 

No.   59.     (14.)   The  police  appointed  to  maintain  order   at  Hours  for  police, 
public  exhibitions  shall  repair  to  the  posts  assigned  them,  at  least 
8 


18  BATTURE. 

half  an  hour  before  the  opening  of  the  house^  and  there  remain 
till  the  spectators  shall  have  retired. 
Seats  for  city  No.   60.     (lb.)  It  shall  be  the  duty  of  managers  of  places  of 

officers.  ^        ^  .  n     •,^      -,  i,>i 

amusement  to  reserve,  free  oi  all  charge,  places  tor  the  mayor, 
recorders,  the  chief  of  police,  and  such  other  of  the  police  as 
may  be  necessary  to  preserve  order. 
Mayor  and  sur-        No.  61.     (16.)  The  mayor  and  surveyor,  as  often  as  they  may 
Btep?  to  prevent  deem  it  necessary,  shall  examine  whether  theatres  and  places  of 
accidents.  public  resort  be  constructed  with  the  requisite  solidity  and  care- 

fully kept  in  repair,  so  that  the  public  may  assemble  there  without 
danger;  and  they  shall  adopt  suitable  measures  to  prevent  acci- 
dents that  might  occur  from  any  negligence  in  that  respect,  on 
the  part  of  the  proprietors,  tenants,  or  other  persons  having  the 
management  or  direction  of  the  said  theatres  or  places  of  public 
resort. 
Duty  of  assistant  No.  62.  (17.)  ],t  shall  be  the  duty  of  the  assistant  city  at- 
torney to  prosecute  all  violations  of  this  ordinance. 
Mayor  to  pre-  No.  63.     (18.)  By  virtue  of  the  powers  granted  bylaw  to 

'  '  the  mayor  and  city  council,  the  mayor  shall  cause  to  be  shut  up 
any  place  of  public  resort  whenever  the  maintenance  of  order, 
the  public  safety  or  tranquility  may  require  it. 
Copy  of  this  or-  No.  64.  (19.)  That  a  printed  copy  of  the  ordinances  con- 
plmtedfetc.  ^  ccrning  public  balls,  theatres,  and  public  exhibitions,  be  placed 
in  a  conspicuous  position  within  the  enclosures  of  said  balls, 
theatres,  and  public  exhibitions,  for  the  purpose  of  reference ; 
and,  that  in  case  of  neglect  or  refusal  of  the  managers  or  owners 
of  such  places  to  comply  with  the  provisions  of  this  section,  they 
shall  be  liable  to  a  fine  of  fifty  dollars  for  said  offense,  recovera- 
ble before  any  court  of  competent  jurisdiction  ;  and  the  police 
officers  on  duty  shall  compel  the  owners  of  the  balls,  theatres, 
etc.,-  to  close  for  that  night. 
Repealing  clause.  No.  65.  (20.)  All  ordinances  and  parts  of  ordinances  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  re- 
pealed. 

City  Ordinance  No.  3131.    Approved  Dec.  8, 1856. 


BATTURE. 

An  Ordinanoe,  regulating  and  governing  the  taking  out  of  sand  front 
the  batture  in  front  of  the  city. 

No.  QQ.     (1.)  From  and  after  the  passage  of  this  ordinance, 


ho  permission  will  be  granted  for  the  takino*  out  of  sand  from  Sand,  etc.,  only 

.      /.  ^     -I  .  'n  r>     1  .        to  be  taken  ou 

the  batture  in  front  of  the  city,  unless  by  certmcate  ot  the  city  certificate  of  tur- 
surveyor,  directed  to  the  wharfingers  and  their  deputies,  setting  ' 
forth  the  filling  required  by  the  location  of  the  property  to  be 
filled — that  no  person  or  persons  be  allowed  to  procure  sand  from 
the  levee  on  more  than  one  such  permit  at  any  one  time,  and  only 
at  such  places  as  may  be  designated  by  the  city  surveyor,  under 
a  revokement  of  said  permit  and  denial  to  such  parties  to  take 
sand  from  said  batture. 

No.  67.     (2.)  No  sand  will  be  permitted  to  remain  or  be  sanj  piled  on 
piled  on  the  levee  or  the  public  landing  for  a  longer  period  than 
five  days,  under  forfeiture  of  said  sand  to  the  use  of  the  city, 
and  that  the  wharfirngers  and  their  deputies  are  specially  charged 
with  the  execution  of  this  ordinance. 

No.  68.  (3.)  It  is  hereby  made  the  duty  of  the  wharfingers  Dutyof  wharf- 
and  their  deputies  of  the  city,  to  receive  the  permits  of  the  city  tie^sr^  *^ 
surveyor  from  the  parties  desiring  to  take  out  sand  from  the 
batture,  to  designate  and  regulate  the  space  for  each  person  or 
persons,  according  to  said  permits  ;  observing  an  equal  proportion 
of  space  accordingly  for  the  accommodation  of  all ;  and  persons 
taking  out  sand,  shall  occupy  such  space  allotted  to  them,  and  no 
more — and  in  case  any  person  shall  occupy  or  encumber  any 
other  place  than  that  designated  by  the  said  wharfingers  or  their 
deputies,  he  or  they  shall  become  liable  to  a  forfeiture  of  the 
privileges  granted  to  them  in  their  permit  for  taking  out  sand 
from  said  batture,  and 'that  all  ordinances  or  parts  of  ordinances 
conflicting  with  this  ordinance,  be  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No.  3029.    Approved  Oct.  11, 1856. 

ACTS  OF  THE  LEGISLATURE. 
See  Act  1836,  page 
See  Civil  Code,  Act  601  et  seg. 


DECISIONS    OF    SUPREME    COUUT. 

Batture  is  an  elevation  of  the  bed  of  a  river  under  the  surface  of  the 
water;  it  is  however,  sometimes  used  to  denote  the  same  elevation 
•  when  it  has  risen  above  the  surface  of  the  water.  6  M.  R.  216, 

The  intervention  of  a  public  road  between  the  front  tract  and  the 
river,  does  not  deprive  the  proprietor  of  the  tract  of  his  right  to  the 
batture.  6  M.  R.  230,  and  18  La.  R.  236;  8  N.  S.  876. 

By  alluvion  is  understood  that  which  is  added  to  land  little  by  little, 
so  that  we  cannot  know  how  much  is  added  at  each  moment  of  time  ; 


20 


BEEP  AND  PORK,  INSPECTION  OP, 


he,  therefore,  who  owns  land  bounded  by  the  river  acquires  whatever  is 
added  to  it,  as  he  supplies  the  loss  of  that  which  is  taken  from  it. 
9M.  656. 

The  right  to  take  earth  and  sand  from  the  batture  is  not  a  corporate 
right,  but  one  common  to  every  inhabitant  of  the  city.  The  use  of  this 
right  is  to  be  so  regulated  as  not  to  defeat  other  great  objects  of  the 
dedication.  The  city  has  a  right  to  use  the  earth  taken  from  the 
batture,  for  the  construction  of  wharves,  levees,  &c.,  and  for  improving 
the  port,  and  the  streets,  and  avenues  leading  to  it.  12  La.  49 ;  18  La. 
278  ;  7  Ann.  76. 

According  to  the  terms  of  the  compromise  between  the  city  of  New 
Orleans,  and  the  front  proprietors  and  private  claimants  of  the  batture 
dated  Sept,  20,  1820,  the  entire  batture  and  open  space  between  New 
Levee  street  and  the  river  in  front  of  Faubourg  St.  Mary,  is  dedicated  to 
public  uses  and  those,  to  which  it  is  naturally  destined,  as  a  part  of 
the  port  of  New  Orleans.  The  administration  of  this  public  place  and 
the  batture  on  it,  is  confided  exclusively  to  the  second  municipality, 
whose  duty  it  is  to  administer  it  in  such  manner  as  to  promote  the 
important  purpose  for  which  it  was  dedicated,  and  not  to  impede  any 
right  to  the  use  of  it  by  the  citizens  generally.  12  La.  49;  18  La.  278. 

It  does  not  appear  from  any  of  the  acts  of  Madame  Delord,  or  from 
any  of  the  plans  in  the  record,  that  there  was  any  intention  on  her  part 
to  dedicate  to  public  use  the  front  of  her  property  on  the  river.  18  La. 
122. 

By  Act  of  30th  April  1853,  every  riparian  proprietor  within  the 
limits  of  corporate  towns  in  this  State,  is  authorized  to  sue  the 
corporation  for  the  occupation  of  so  much  of  the  batture  in  front  of 
his  property  as  may  not  be  necessary  for  public  use.  10  Ann.  p.  54. 


BEEF  AND  PORK,  INSPECTION  OF. 


Inspectors  of 
beef  and  pork 
for  the  city  of 
New  Orleans. 

Inspectors  to  pro- 
Tide  suitable 
stores  and  yards. 


ACTS  OF  THE  LEGISLATURE. 
An  Act  Relative  to  the  Inspection  of  Beef  and  Pork. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That  the  Governor 
is  required  to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate, 
three  repackers  and  inspectors  of  beef  and  pork  for  the  city  of  New  Or- 
leans. 

Sec.  2.  That  the  inspectors  and  repackers  shall  provide  themselves 
with  good  and  sufficient  stores  or  yards,  capable  of  receiving  and 
storing  such  beef  and  pork  as  may  be  brought  to  them  for  inspec- 
tion, in  such  places  as  shall  be  most  convenient  to  employers,  and 
best  calculated  to  facilitate  their  business;  but  nothing  shall  be  al- 
lowed for  storage  for  any  beef  or  pork  inspected  by  them,  if  taken  away 
within  three  days  after  notice  given  to  the  owner,  or  his  agent,  of  its 


BEEP  AND  PORK,  INSPECTION  OP.  '  21 

being  inspected  and  repacked ;  provided  that  no  beef  or  pork  shall  be  in-  Proyiso. 
gpected  and  repacked  in  any  part  of  the  city  and  suburbs  between  Gar- 
rison and  Girod  streets. 

Sec.  3.  That  all  barrels  shall  be  made  of  good  seasoned  oak,  or  Barrels,  how 
ash,  free  from  every  defect ;  and  every  barrel  shall  contain  two  hundred  brands,  etc.  ' 
pounds  of  beef  or  pork,  the  barrel  not  to  measure  more  than  eighteen 
inches  across  the  head  and  twenty-eight  long,  to  be  hooped  with"  at  least 
twelve  good  substantial  hoops ;  the  barrel  to  be  branded  on  the  bilge 
with  at  least  the  initials  of  the  cooper's  name  and  weight  which  is  con- 
tained in  each  barrel,  and  also  to  be  plainly  branded  with  the  first  let- 
ters of  the  christian  name  and  the  surname  at  full  length,  of  the  in- 
spector. 

Sbc.  4.  That  the  inspectors  and  repackers  shall  carefully  inspect  Inspection,  how 
all  beef  and  pork,  and  shall  brand  only  such  as  shall  be  well  fat- 
tened; the  best  quality  shall  be  denominated  "mess  pork,"  and  shall 
consist  of  none  but  the  sides  of  good  'fat  hogs,  and  the  barrels 
containing  it  shall  be  branded  at  one  of  the  heads,  "mess  pork." 
The  second  quality  shall  be  denominated  ".prime,"  of  which  there  ehall 
not  be  in  a  barrel  more  than  three  shoulders,  the  legs  being  cut  off  at  the 
knee  joint;  the  barrel  shall  not  contain  more  than  twenty-four  pounds  of 
head,  which  shall  have  the  ears  and  snout  cut  off  at  the  opening  of  the 
jaws,  and  the  brains  and  the  bloody  grizzle  taken  out,  and  the  rest  of  the 
pork,  to  constitute  a  barrel  of  prime  pork,  shall  bejmade  up  of  sides,  necks, 
and  tail  pieces  ;  and  on  the  head  of  every  barrel  of  such  pork  shall  be 
branded,  "prime  pork."  The  third  quality  of  pork  shall  be  denomina- 
ted "cargo  pork,"  of  which  there  shall  not  be  in  a  barrel  more  than 
thirty  pounds  of  head  and  four  shoulders,  and  shall  otherwise  be  merchan- 
table pork,  and  shall  be  branded  on  one  head  of  each  barrel,  "  cargo 
pork." 

Sec.  5.     That  all  beef  to  be  repacked  for  exportation  shall  be  of  fat  Beef  for  exporta- 
cattle,    and  shall  be  cut  into  pieces,  as  square  as  may  be,  and  shall  not  *^°°'    ^^  sorted. 
exceed  twelve  nor  be  less  than  four  pounds  weight ;   and  all  beef  which 
shall  be  fat  and  merchantable,  shall  be  sorted  and  divided  into  three  dif- 
ferent classes,  to  be  denominated  mess,  prime,  and  cargo. 

Mess  shall  consist  of  the  choicest  pieces  of  large,  well  fattened  beef.  Mess  beef, 
without  hocks,  shanks,  clods,  or  necks  ;  each  barrel  to  contain  two  hun- 
dred pounds  of  beef,  and  to  be  branded  on  the  head,  "mess  beef." 
Prime  beef  shall  consist  of  the  choicest  pieces  of  fat  cattle,  with  not  prime  beef, 
more  than  one-half  neck,  nor  more  than  two  flanks,  with  the  hocks  cut 
off  the  hind  legs,  in  the  smallest  place  above  the  joint,  in  a  barrel,  and 
branded  "  prime  beef"  on  one  head. 

Cargo  beef  shall  be  of  fat  cattle,  with  a  proportion  of  good  pieces,  and  Cargo  beef. 
not  more  than  one-half  of  necks,  three  flanks,  with  the  hocks  cut  off  in 
the  same  manner  as  in  prime,  in  a  barrel,  and  to  be  otherwise  merchan- 
table, and  to  be  branded  "cargo  beef."  The  repacker  shall  not  put  less 
than  two  pecks  coarse  salt  and  six  ounces  of  saltpetre  in  each  barrel, 
and  shall  fill  it  with  pickle  as  strong  as  salt  can  make  it. 

Sec.  6.     That  if  any  inspector  shall  be  guilty  of  neglect  or  fraud,  or  J^^^^^^j  ^^  le^t 
shall  in  any  way  violate  the  duties  imposed  on  him  by  law,  he  shall  be  of  duty. 


22  BOARD  OV  ASSESSORS. 

liable  to  a  fine  of  fifty  dollars,  to  be  recovered  before  any  court  of  com- 
petent authority,  one-balf  to  the  benefit  of  the  informer,  and  moreover, 
shall  be  liable  for  damages  to  any  person  aggrieved. 

Penalty  for  mix-  gj.^,^  7^  rp^jj^^.  jf  any  person  shall  intermix,  take  out,  or  shift  any  beef 
mg  or  changing  ''   ^  '  •' 

beef,  or  altering  or  pork,  packed  and  branded,   as  herein  provided,   or  put  in  any  other 
spection.  '^^  ^^'     beef  or  pork,  for  sale  or  exportation,    or  alter,   change,    or  deface  any 
brand  or  mark  of  any  inspector,  said  person  shall,  for  every  offence,  pay 
a  fine  of  forty  dollars,  one-half  for  the  use  of  the  informer,  and  moreo- 
ver shall  be  liable  for  damages  to  any  person  aggrieved. 
Inspectors  not  to      Sec.  8.     That  no  inspector  and  repacker  of  beef  and  pork,  shall  buy 
bay  or  sell   beef  „  xi,         1,   1,  v  /    i  •  f- 

or  pork.  or  sell  more  than  shall  be  necessary  for  his  own  consumption. 

No  beef  or  pork      Sec,  9.     That  no  beef  or  pork  that  shall  have  been  inspected  and 

after  being  in-  ,,,„,,,  -  .,         .  -.  •.-.,. 

spected,  shall  be  repacked,  shall  be  taken  from  the  stores  and  yards  of  the  inspectors, 
in^ecti^n  "ees  unless  all  the  expenses  be  previously  paid ;  and  no  owner  or  seller  of 
are  paid.  beef  and  pork  shall  suffer  the  same,  after  inspection,  to  remain  more 

than  twelve  hours  exposed  to  the  sun  or  to  bad  weather, 
tiorf  etc.  ^^^'^°'        ^^^-  ^^'     -^^^^  *^®  inspectors  and  repackers  shall  be  entitled  to   de- 
mand and  receive   for  every  barrel  of  pork  or  beef  they  shall  inspect, 
repack  and  salt,  thirty-  three  cents  and   one-third,  besides  the  price  of 
the  salt,  saltpetre  and  other  extra  services. 
r^To^riate^^^         Sec.  11.     That  all  the  proceeds  of  property  forfeited,  and  penalties 
incurred  on  the  subject  of  the  inspection  of  beef  and  pork,  shall  be  one- 
half  for  the  benefit  of  the  asylum  for  orphan  boys  in  the   city  of  New 
Orleans,  and  the  other  half  for  the  person  prosecuting  in  the  name  of  the 
State. 
Certain  laws  re-      Sec.  12.     That  all  laws  contrary  to  the  provisions  of  this  Act,  and  all 

pealed.  . 

laws  on  the  same  subject-matter,   except  what  is  contained  in  the  civil 
code  and  code  of  practice,  be  repealed. — Acts  of  1855,  p.  461. 


BOARD  OF  ASSESSORS. 


An  Ordinance  to  divide  the  city  into  twelve  Assessment  Districts. 
City  divided  into      No.  69.  That  In  accordance  with  the  45th  section  of  the  city 
ment  districts,     charter  approved  March  20th,  1856,  the  city  of  New  Orleans  be 
divided  into  twelve  assessment  districts,  as  follows  : 

First  assessment  district :' bounded  above  by  Felicity  street; 
below  by  Thalia  street,  and  in  front  by  the  river  bank. 

Second  assessment  district:  bounded  above  by  Thalia  and 
Felicity  streets  and  the  upper  limits  of  the  first  district ;  below 
by  St.  Joseph  and  Delord  streets  and  the  new  cankl;  in  front  by 
the  river  bank,  and  in  the  rear  by  Lake  Pontchartrain. 

Third  assessment  district:  bounded  above  by  St.  Joseph 
street,  Delord  street,  and  the  new  canal;  below  by  Poydras  street; 
and  in  front  by  the  river  bank. 


BOARD  OP  ASSESSORS.  23 

Fourth  assessment  district :  bounded  above  by  Poydras  street; 
below  by  Gravier  street ;  in  front  by  the  river  bank^  and  in  the 
rear  by  the  new  canal. 

Fifth  assessment  district:  bounded  above  by  Gravier  street 
and  the  new  canal ;  below  by  Canal  street  and  the  lower  limits  of 
the  first  district  j  in  front  by  the  river  bank,  and  in  the  rear  by 
Lake  Pontchartrain. 

Sixth  assessment  district :  bounded  above  by  Canai  street  and 
the  lower  limits  of  the  first  district ;  below  by  St.  Louis  street ; 
in  front  by  the  river  bank,  and  in  the  rear  by  Lake  Pontchartrain. 

Seventh  assessment  district :  bounded  above  by  St.  Louis 
street ;  below  by  St.  Phillip  street ;  in  front  by  the  river  bank, 
and  in  the  rear  by  Lake  Pontchartrain. 

Eight  assessment  district :  bounded  above  by  .St.  Phillip 
street ;  below  by  Esplanade  street  and  the  limits  of  the  second 
district ;  in  front  by  the  river  bank,  and  in  the  rear  by  Lake 
Pontchartrain. 

Ninth  assessment  district :  bounded  above  by  Esplanade  street 
and  the  lower  limits  of  the  second  district ;  below  by  Mandeville 
street ',  in  front  by  the  river  bank,  and  in  the  rear  by  Lake 
Pontchartrain. 

Tenth  assessment  district :  bounded  above  by  Mandeville 
street ;  below  by  the  lower  limits  of  the  city ;  in  front  by  the  river 
bank,  and  in  the  rear  by  the  rear  limits  of  the  city. 

Eleventh  assessment  district :  bounded  above  by  the  upper 
limits  of  the  city ;  below  by  Felicity  street ;  in  front  by  the  river 
bank,  and  in  the  rear  by  Chesnut  street. 

Twelfth  assessment  district :  bounded  above  by  the  upper 
limits  of  the  city ;  below  by  the  upper  limits  of  the  first  district; 
in  front  by  Chesnut  street ;  in  the  rear  by  the  rear  limits  of  the  city. 

City  Ordinance,  No.  3210.    Approved  January  7,1867. 

No.  70.     That  the   city   assessors    be   allowed   the   use    of  Assessors'  office. 
the  room  formerly  occupied  as  the  U.  S.  Court,  as  their  ofiice. 

City  Ordinance,  No.  3219.   Approved  January  7, 1857. 
As  to  ''Errors  in  Assessments,"  see  No.  214, 

No.  71.  That  the  board  of  assessors  elected  under  the  Compensation  of 
25th  section  of  the  city  charter,  shall  receive  as  full  compensation 
for  all  their  services  during  the  year  1857,  in  making  an 
assessment  of  all  the  property  in  the  city,  and  for  performing  all 
the  duties  imposed  on  them  by  law,  two  per  centum  on  the 
amount  of  taxes  On  property  assessed  by  them,  to  be  computed 


24  BONDS  AND   SECURITIES. 

and  paid  after  the  final  and  corrected  assessment  rolls  are 
delivered  to  the  comptroller,  as  provided  for  in  section  97  of  the 
said  city  charter ;  provided,  that  no  compensation  shall  be  allowed 
on  property  assessed  to  unknown  owners  unless  the  property 
so  assessed  to  unknown  owners  shall  be  fully  described  on 
the  assessment  rolls,  by  a  detailed  description,  in  accordance 
with  its  latest  subdivisions;  and  provided,  further,  that  no 
compensation  shall  be  allowed  on  any  property  assessed  which  is 
or  may  be  exempt,  by  law,  from  taxation ;  and  also  provided,  that 
in  all  descriptions  of  real  property,  the  names  of  the  streets  and 
the  numbers  of  the  squares '  shall  correspond  with  the  names  and 
numbers  adopted  by  the  contractors  for  furnishing  the  city  plan. 

City  Ordinance,  No.  3223.    Approved  January  7,  1857. 

No.  72.  -That  the  finance  committees  be,  and  they  are 
hereby  authorized  to  make  arrangements  with  the  assessors  of 
taxes  now  in  office,  and  therefor  incur  all  necessary  expenses  to 
complete  all  the  assessments  rolls  for  the  present  year,  and  to 
perform  all  their  duties  in  relation  to  the  aforesaid  assessments, 
certain  assessors,  in  manner  and  form  required  by  law,  and  especially  complete 
their  assessments  so  as  to  conform  to  the  provisions  of  the  Act 
entitled  an  Act  to  authorize  the  corporation  of  the  city  of  New 
Orleans  to  tax  real  and  personal  property,  approved  March  19th, 
1856,  and  particularly  to  require  them  to  deliver  to  the  city 
authorities  full  and  duly  certified  copies  of  said  assessment  rolls 
with  as  little  delay  as  possible. 

City  Ordinance,  No.  3132.   Approved  Dec.  9,  1856. 

ACTS    OF    THE    LEGISLATURE. 
See  Act  of  1856,  page  141,  sec.  25. 

<*  '*      page  148,  sec.  43  et  seq. 

'«  "      page  162,  sec.  116. 

"  **      page  180. 

See  "Revenue." 


BOARD  OF  HEALTH.— See  ^^Health,''   No.  364. 


BONDS  AND  SECURITIES. 


Executed  before  ^^  Ordinance  relative  to  Bonds  and  Securities. 

the  mayor.  -^^  ^^      ^^^^  ^jj  ^^^^^^  required  to  be  given  by  the  officers 

of  the  city  for  the  faithful  performance  of  their  duties,  shall  be 

executed  before  the  mayor. 

See  No.  216. 


BONDS  AND  SECURITIES.  25 

No.  74.     (2.)  All  persons  contracting  with  the  city  for  any  Surety  to  possess 
work  to  be  done^   and  all  persons  accepting  offices  of  trust  or 
emolument  from  the  city,  who  are  required  hy  law  to  give  bond 
for  the  faithful  performance  of  their  duties,  shall  be  required  to  ^ 

furnish  securities  possessing  real  estate  to  the  amount  of  tlu  * 

obligation  of  the  bond.  The  corporation  in  all  cases  reserves  the 
right  of  demanding  additional  security  whenever  deemed  advi- 
sable. 

No.   75.     Co.)    The  comptroller  shall  not  issue  warrants  to  Bonds  to  be  com- 

,  ..  .  „-  pleted   before  is- 

omcers  or  employees  of  the  city  in  any  instance,  until  they  com-  sue  of  warrants, 
plete  their  bonds  in  accordance  with  the  ordinance  under  which 
they  hold  office. 

No.  76.  (4.)  All  persons  appointed  to  office  by  the  common  To  be  furnished 
council,   who  shall  neglect  to  furnish  the  name  or  names  of  his  weeks, 
securities  within  two  weeks    after  their   appointment,  will  be 
considered  as  having  declined  to  qualify,  and  the  council  will 
proceed  to  a  new  election,  unless  satisfactory  reason  be  given  for 
the  delay. 

No.  77.     (5.)  It  shall  be  the  duty  of  the   city  attorney  and  Condition  of 
comptroller  in  all   bonds  of  city  officers,  to  provide  that  such         '  - 
bonds  shall  continue  in  force  during  the  continuance   of  such 
officers  in  the  employment  to  which  they  may  have  been  elected, 
so  that  their  re-appointment  or  re-election  shall  not  impair  the 
obligation  of  such  bonds. 

No.  78.     (6.)  All  ordinances  or  parts  of  ordinances  conflict-  Repealing  clause, 
ing  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3205.    Approved  January  7,  1857. 
Tor  "  Bonds  of  Coffiee  House  Keepers,"  see  No.  162. 
See  No.  234  and  537. 

ACTS  OF  THE  LEGISLATURE, 
Sec.  27.     That  all  bonds  and  recognizances  taken  by  the  justices  of 
the  peace,  mayor  and  recorders  of  New   Orleans,  for  the  public  peace  nfzancea^   ^^^  ^' 
or  in  criminal  matters  generally,  shall,  when  forfeited,  be  recovered  by 
the  city  attorney  for  the  use  of  the  treasury  of  the  said  city. — Act  1850, 
page  166. 

Sec.  42.     The  common  council  of  New  Orleans  shall  have  power  to  S-poJaT^n^o/^" 
require  bond  and  security  from  all  persons  holding  any  office  of  trust  ^^^  city  may 
or  emolument  in  the  city  administration,  for  such  sum  as   they  may 
deem  proper,  not  exceeding  ten  thousand  dollars. — Act  1852,  p.  55. 

Sec.  132.     That  the  common  council  of  New  Orleans  shall  have  power  ^®^^  ^^^  securi- 

ty  to  be  furnish- 
to  require  bond  and  security  from  all  persons  holding  any  office  of  trust  ed  \j  oflacers. 

or  emolument  in  the  city  administration,  for  s.uch  sum  as  it  may  deem 

proper.— Act  1856,  p.  166. 

See  Act  1865,  p.  81. 

See  Act  1856,  p.  143,  Sec.  30. 

4 


26  BUILDERS,  MASTER   WORKMEN,  ETdi 

BREAD.— See  ^^Bakery/'  page  13. 


^ 


BUILDERS,  MASTER  WORKMEN,  ETC. 


May  1189  portion  '^^'  "^9-  (!•)  I^  shall  be  kwful  for  owners,  builders', 
etteet!  ^^^^  *°^  contractors  and  master  workmen,  when  actually  engaged  in 
building,  or  repairing  any  house  or  other  building  within  the 
limits  of  this  city,  to  deposit  building  materials  necessary  to  be 
used  in  the  construction  or  repair  of  the  house  or  building  in 
actual  progress,  on  a  portion  of  the  public  street  or  sidewalk  in 
front  of  the  house  or  building  being  actually  in  progress,  or 
beyond  fifteen  feet  on  each  side  of  said  house  or  building,  in  the 
following  manner  only,  viz :  On  one  half  of  the  width  of  the 
sidewalk  nearest  to  the  house  or  building  being  erected  or 
repaired,  and  on  one-third  of  the  width  of  the  portion  of  the 
street  between  the  gutters  and  nearest  to  the  house  or  building 
being  erected  or  repaired,  and  they  shall  have  a  right  to  place 
over  the  gutters  a  temporary  bridge,  so  constructed  that  it  can 
be  easily  opened  at  all  times  to  admit  of  cleaning  said  gutters. 
Unlawful  to  use        No.  80.     (2.)  That  all  owners,  builders,  contractors,  master 

certain  portions  i  .^  i.  />i«iii 

of  street,  etc.  workmcn,  or  other  persons  whatever,  are  lorbidden  to  occupy  any 
portion  of  any  public  street  or  sidewalk,  or  deposit  any  building 
material  thereon,  other  than  is  provided  for  and  defined  in  the 
foregoing  section,  or  in  or  over  any  gutter,  or  to  allow  any  of  their 
servants,  or  workmen,  or  employees,  to  occupy  or  deposit  thereon, 
except  as  aforesaid,  under  a  fine  or  penalty  of  not  less  than  ten 
nor  more  than  one  hundred  dollars  for  each  offence,  recoverable' 
before  any  court  of  competent  jurisdiction  for  the  benefit  of  the 
city. 
Obstructing  No.  81.     (3.)  That  all  owners,  builders,  contractors,  master 

gutters,  etc.  workmen  or  other  persons  whatever,  are  forbidden  to  obstruct  the 
passage  of  water  in  any  gutter,  by  depositing  therein  any  building 
materials,  rubbish,  or  other  materials  whatever ;  they  are  forbidden 
to  erect  or  make,  or  cause  to  be  erected  or  made,  any  dam  in  any 
gutter  or  gutters  3  they  are  forbidden  to  make,  or  cause  to  be 
made,  any  mortar  bed  over  any  gutter,  unless  there  is  left  a  free 
and  open  space  of  at  least  one  foot  in  width  between  the  side  of 
the  mortar  bed  and  the  curb  stone,  so  that  the  gutters  may  at  all 
times  be  easily  cleaned ;  and  they  are  forbidden  to  allow  their 


BUILDINGS,   NUMBIRING,  PIRE  LIMITS,   ETC.  27 

workmen,  servants  or  employees,  to  obstruct,  deposit,  erect  or 
make  as  aforesaid,  under  a  fine  or  penalty  of  not  less  than  ten 
nor  more  than  one  hundred  dollars,  recoverable  as  aforesaid. 

No.  82.     (4.)  That  the  street  commissioner  and  his  deputies  street  commis- 

^  _  ^  ^  sioner  to  enforce 

be,  and  they  are  hereby  authorized  and  required  to  see  that  the  thi«  ordinance. 

several  provisions  of   this  ordinance    be    complied    with   and 

enforced ;  and  in  all  cases  where  a  party  or  parties  may  be  found 

acting  in  contravention  to  this  ordinance,  and  refuse  or  neglect  to 

comply  with  the  same,  after  being  notified  thereof  in  writing, 

said  officers  shall  have  authority  to  cause  all    materials  found 

placed  in  contravention  to  this  ordinance,  to  be  removed  to  the 

public   pounds,  or  some  other  safe  and  proper  place  of  deposit; 

and  if  the  same  be  not  claimed  within  thirty  days  tltereafter,  and 

the  fines  and  expenses  thereon  paid,  they  shall  be  advertised  in 

the  official  journal  three  times  during  ten  days,  and  sold  at  public 

auction;  and  the  proceeds  of  any  such  sale,  after  deducting  all 

fines  and  expenses,  shall  be  paid  into  the  city  treasury,  subject  to 

the  claim  of  any  owner  of  the  property  sold  as  aforesaid. 

No.  83.     (5.)  That   all  ordinances    or    parts  thereof,    con-  Repealing  clause, 
flicting  with  the  foregoing,  be  and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  2044.    Approved  March  9th,  1856, 
For  '♦  City  Tax,"  see  No.  689. 


BUILDINGS,  NUMBERING,  FIBE  LIMITS,  ETC. 

An  Ordinance  relative  to  Buildings. 

No.  84.  (1.)  No  building  shall  be  erected  within  the  limits  Lines  and  level, 
of  the  city,  until  the  ground  to  be  covered  by  the  building  be 
raised  to  a  level  with  the  side  walk.  The  lines  and  level  to  be 
obtained  from  the  surveyor.  All  persons  violating  this  section 
shall  be  fined  not  less  than  twenty-five  dollars,  and  ten  dollars  a 
month  until  the  ground  so  occupied  be  filled  as  herein  required. 

No.  85.     (2.)  No  person  shall  erect,  rebuild,  or  enlarge  any  surveyor's  linesi 
building  or  wall  fronting  on  any  street  or  public  way,  without 
first  obtaining  the  lines  thereof  from  the  city  surveyor,  under  a 
penalty  of  not  less  than  twenty-five  dollars  for  every  offense. 

No.  86.     (3.)  In  no  case  shall  the  steps  of  buildings  extend  Front  step? 
on  the  side-walk  more  than  twenty-four  inches,  under  penalty  of 
five  dollars  for  every  day  this  provision  shall  be  violated,   after 
notice  from  the  street  commissioner. 


28  BUILDINGS,   NUMBERING,  *I'IEE  LIMITS,  ETC. 

Windows  and  No.  87.  (4.)  All  persons  are  forbidden  to  construct,  or  cause 

to  be  constructed,  any  door  or  window  projecting  more  than  twelve 
inches  on  the  street,  in  front  of  their  building ;  and  it  shall  be 
the  duty  of  all  house-holders  and  tenants  of  buildings,  the  doors 
and  shutters  of  which  open  ion  the  street,  to  hook  or  otherwise  se- 
.  cure  the  same,  so  as  to  prevent  accidents,  and  not  to  obstruct  the 
passage  on  the  side- walks.  All  persons  violating  the  provisions 
of  this  section  shall  be  fined  not  less  than  ten  dollars  for  each 
oifense,  and  five  dollars  for  every  day  the  ofi"ense  shall  continue 
after  notice. 

Roof  gutters,  etc,  No."  88.  (5.)  The  roofs  of  all  buildings  shall  be  provided  with 
a  gutter  and  pipe  or  conduit  to  collect  and  convey  the  rain  water, 
and  on  the  side  next  the  street  the  pipe  shall  be  affixed  to  the  wall 
so  as  to  convey  the  water  to  the  level  of  the  side-walk,  and 
across  the  side-walk  and  a  gutter  therein  to  the  street,  provided 
the  proprietors  or  tenants  shall  not  be  prohibited  from  conveying 
the  rain  water  from  the  front  of  the  buildings,  owned,  rented  or 
occupied  by  them,  into  said  buildings  or  the  yards  thereof.  All 
persons  violating  the  provisions  of  this  section  shall  be  fined  not 
less  than  ten  nor  more  than  twenty-five  dollars,  and  five  dollars 
for  every  day  they  shall  continue  the  offense  after  notice  received 
from  the  street  commissioner.  The  gutter  or  pipe  or  conduit 
provided  for  in  the  foregoing  part  of  this  sectioo,  shall  be  kept 
clear  of  obfetructions  and  in  good  repair  under  penalty  of  five 
dollars  for  each  off'ense,  and  of  two  dollars  per  week  in  default 
thereof,  payable  by  the  proprietor  of  the  buildings  after  five  days' 
notice  from  the  street  commissioner. 

Dangerous  build-  No.  89.  (6.)  It  shall  be  the  duty  of  the  surveyor,  street 
commissioner,  and  of  the  police  officers  to  inquire  concerning  all 
houses  or  other  buildings  that  may  be  in  a  ruinous  condition,  as 
also  about  whatever  might,  by  falling,  impair  the  security  of  pas- 
sage through  the  public  way,  or  give  occasion  to  any  accident ; 
and  to  report  the  same  to  the  mayor,  and  on  the  same  report,  the 
mayor  shall  order  the  owner  of  the  house,  or,  in  his  absence,  his 
attorney  in  fact,  or  agent,  to  cause  the  danger  to  cease,  within 
such  time  as  he  may  think  proper  to  prescribe  to  him  for  that 
purpose ;  provided,  always,  that  the  said  owner,  or  his  attorney 
in  fact,  or  agent,  shall  have  a  right  to  contest  the  statement  made 
in  said  report,  by  having  the  premises  examined  by  a  person  of 
acknowledged  skill,  to  be  chosen  by  the  owner  of  the  house  or 
other  building,  or  his  attorney  in  fact  or  agent,  which  person  shall 
previously  be  sworn  by  the  mayor;  but  if,  after  said  examina- 


ings,  etc. 


BUILDINGS,    NUMBERING,   FIRE   LIMITS,   ETC.  29 

tion,  it  shall  appear  to  the  mayor  that  the  danger  has  been  duly 
ascertained,  the  owner,  or  his  attorney  in  fact,  or  agent,  as 
aforesaid,  shall  cause  the  danger  to  be  removed  within  the  delay 
assigned  by  the  mayor,  and  in  case  of  refusal  or  neglect,  the 
mayor  shall  then  cause  the  building  to  be  repaired  or  demolished, 
as  he  may  think  best,  at  the  expense  of  the  owner ;  and  the  owner 
shall  be  fined  not  less  than  ten  dollars  for  every  day  he  shall  fail 
to  obey  the  orders  of  the  mayor. 

See  No.  270, 

No.  90.     (7.)  The  mayor  and  surveyor  shall  examine  whether  Public  resorts  to 

^  ,  ..  •  1      •  1      1  .   •       be  safe,  etc. 

theatres  or  places  of  public  resort  be  constructed  with  the  requisite 
solidity  and  carefully  kept  in  repair,  and  they  are  authorized  to 
take  suitable  measures  to  prevent  accidents  that  might  result  from 
any  negligence  in  the  construction  of  the  building,  or  from  any 
mismanagement  of  the  proprietors. 

No.  91.     (8.)  Any  person  who  shall  be  guilty  of  defacing  any  pefadug  build- 
building,  or  fence,  or  other  property,  by  cutting,  breaking,  daubing 
with  paint,   or  in  any  other  way  defacing  or  injuring  the  same, 
shall  be  fined  not  less  than  ten,  nor  more  than  twenty-five  dollars. 

No.  92.  (9.)  All  houses  in  the  city  shall  be  numbered.  Numbering  of 
The  numbers  in  all  the  streets  parallel  to  the  river,  to  begin  at 
Canal  street,  and  increase  towards  the  upper  limits  of  the  city ; 
and  the  same  from  Canal  street  towards  the  lower  Imiits  of  the 
city ;  and  the  numbers  in  all  the  perpendicular  streets  to  com- 
mence from  the  river  and  extend  back.  All  the  odd  numbers 
to  be  on  one  side,  and  the  even  numbers  on  the  opposite  side  of 
every  street.  In  numbering  houses,  vacant  or  empty  lots 
shall  be  reckoned  in  the  series  of  numbers,  and,  in  proportion  as 
houses  shall  be  erected  on  said  lots,  the  surveyorshall  prescribe  to 
the  owners  the  numbers  to  be  placed  on  the  same. 

No.  93.     (10.)  The  mayor  and  surveyor  shall  have  power  to  Numbering  of 
direct  the  owners  of  houses  to  afiix  the  proper  numbers  thereto,  ' 

and  shall  also  have  power  to  determine  the  form,  size,  and  mate- 
rial of  such  numbers,  and  any  owner  or  occupant  of  any  building, 
who  shall  neglect  or  refuse  to  affix  the  number  designated,  or 
shall  affix  to  the. same,  or  retain  thereon  any  number  contrary  to 
the  direction  of  the  mayor  and  surveyor,  shall  be  fined  not  less 
than  five,  nor  more  than  twenty  dollars  for  every  ofi'ense,  and  one 
dollar  for  every  day  he  shall  violate  the  provisions  of  this  section. 

No.  94.     (11.)  All  ordinances  or  parts  of  ordinances  conflict-  Repealing  clause. 


30  BUILDINGS,  NUMBERING,  TIRE  LIMITS,   ETC. 

ing  with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

City  Ordinanee,  No.  3192.    Approved  Dec,  30th,  1856. 

Relative  to  "  Construction  of  Buildings,'?  see  No,  263  and  No.  292. 
u        <t        t.  Demolition  of  Buildings,"  see  No.  270. 
•«        "        '■  Defacing  Buildings,"  see  No.  495. 

An  Ordinance,  defining  the  fire  limits  in  and  for  the  city  of  New  Orleans. 

Limits  for  wood-      No.  95.     (1.)  It  shall  not  be  lawful  to  erect,  and  all  persons 

en  m  mgs,  etc.  ^^^  forbidden  to  erect,  or  cause  to  be  erected,  within  the  following 

described  limits,  any  building  whatever,  except  the  walls  thereof 

be    constructed   of   brick   or   other  non-combustible   materials, 

covered  with  slates  or  other  non-combustible  materials,  viz  :  The 

bank  of  the  Mississippi  river  in  front,  and  thence  on  the  upper 

line  of  the  city  to  120  feet  westward  of  Levee  street ;  thence 

down  120  feet  westward  of  Levee  street  to  Felicity  road ;  thence 

down    Felicity    road    to    Annunciation    street;    thence    down 

Annunciation  street  to  Duplantier,  now   Calliope  street ;  thence 

down  Duplantier  and  Calliope  streets  to  Hercules,  now  Rampart 

street ;  thence  down  Hercules  and  Circus,  both   now  Rampart 

street ;   to-  Poydras  street ;  thence  down  Poydras  street  to  St. 

Peter,  now  Franklin  street ;  thence  down  St.  Peter,  now  Franklin 

street;  thence  down   to  Villere,  down   Yillere   to    St.  Louis; 

thence  up  St.  Louis  to  Marais,  down  Marais  to  Esplanade  street; 

thence   up  Esplanade  to  Casacalvo  street;  down  Casacalvo,  now 

Royal,   to#]nghein,  now  Lafayette  Avenue,  up  Enghein,  now 

Lafayette  Avenue,  to  the  river;  provided  that   any  person  may 

erect  a  wooden  shed  or  tenement  on  his  premises  for  a  coal  or 

wood  house,  if  the  sanje  be  covered  with  slate  or   zinc,  and  be 

not  more  than  ten  feet  square. 

Limits  for  com.         No.  96.     (2.)  It  shall  not  be  lawful  to  erect,  and  all  persons 

bustibie  roofs.      ^^^  forbidden  to  erect  or   cause  to   be   erected,  any   building 

whatever,  except  the  roofs  thereof  shall  be  covered  with  slates  or 

other  non-combustible  materials,  within  the  following  limits,  viz  : 

the  boundary  described  in  the  foregoing  section,  in  front,  and 

thence,  following  the  upper  limits  of  the  city,  to  Magazine  street; 

thence  down  Magazine  street  to  Washington  street ;  thence  down 

Washington   street   to  Apollo,  now   Carondelet   street :    thence 

down  Apollo,  now  Carondelet  street,  to  Jackson   street ;  thence 

down  Jackson   to    Carroll,   now   Dryades   street;  thence    down 

Carroll,  now  Dryades,  to  Felicity  street ;  thence    down  Felicity 

street  to  Liberty   street ;  thence    down   Liberty   street   to    Clio 

street ;  thence  down  Clio   street  to  Clara  street ;  thence  down 

Clara,  Vine   and  Magnolia,  all  now  Clara,  to  Poydras  street; 

• 


feblLDINGS,    NUMBERINO,   FIRD  LIMITS,    ETC.  31 

thence  down  Claiborne   street  to  Esplanade  street  -,  tlience  up 
Esplanade  to  the  Mississippi  river. 

No.  97.  (3.)  It  shall  not  he  lawful,  and  all  persons  are  J^J'^oj^^i^^of 
forbidden  to  remove,  or  cause  to  be  removed,  to  another  place  on 
the  same  lot,  or  on  another  lot,  if  within  the  limits  described  in 
either  of  the  two  preceding  sections,  any  building  already  erected, 
without  making  such  building  fire-proof,  in  accordance  with  the 
provisions  of  said  sections,  respectively. 

No.  98.     C4.")  It  shall  not   be' lawful,  and   all   persons    are  increasing di- 

*.i.-iT  ^  1-1  IT  •  y«  TMT         mensions  and  rj- 

torbidden  to  increase  or  add  to  the  dimensions  or  any  building  pairing,  etc. 
already  erected,  under  the  pretence  of  repairing,  or  cause  the 
same  to  be  done,  within  the  limits  described  in  the  two  first 
sections  of  this  ordinance,  or  to  repair  the  roofs  .of  any  such 
buildings,  or  cause  the  same  to  be  done,  except  by  using,  in  such 
repairs,  non-combustible  materials. 

No.  99.  (5.)  Every  person,  whether  owner,  occupant,  tenant,  Penalty, 
or  contractor,  who  shall  contravene  the  provisions  of  this 
ordinance,  shall  be  liable  to  a  penalty  of  not  less  than  ten  nor  more 
than  fifty  dollars,  recoverable  before  any  court  of  competent  jurisdic- 
tion; and  also  a  further  fine  of  one  hundred  dollars  for  each  and 
every  month  he,  she,  or  they  shall  refuse  or  neglect  to  comply"  with 
a  written  notice  from  the  street  commissioner,  or  his  deputy, 
specifying  the  delay  which  may  be  adjudged  reasonable  by  said 
ofiicer,  to  demolish  or  alter  any  such  building  in  contravention, 
recoverable  as  aforesaid. 

No.  100.     (6.)  All  ordinances  or  parts  of  ordinances  contrary  Repealing  clause, 
to  the  foregoing  provisions,  and  all  ordinances  upon  the  sai^ 
subject-matter  are  hereby  repealed. 

City  Ordinance,  No.  3191.    Approved  Dec.  30, 1856. 

ACTS  OF  THE  LEGISLATURE. 

Sec.  1.  That  the  mayor  and  city  council  of  New  Orleans  shall  have 
power  and  authority  to  make  and  pass  such  by-laws  {|nd  ordinances  as 
they  shall  deem  proper,  to  prevent  any  person  or  persons  from 
reconstructing,  in  wood,  old  and  decayed  houses,  under  the  pretence  of 
repairing  the  same,  in  those  parts  of  the  city  where  it  is  lawful  to 
build  only  with  bricks  and  stones. — Act.  Feb.  1821. 

That  the  first  section  'of  the  Act  aforementioned  shall  not  be 
interpreted  so  as  to  authorize  the  councils  of  the  municipalities  of 
New  Orleans  to  make  or  pass  laws  or  ordinances  to  prevent  any  person 
or  persons  from^iling  wooden  houses  or  covering  them  with  materials  of 
the  same  kind,  i^r  repairing  the  same,  when  such  repairs  shall  be 
necessary  to  the  preservation  of  said  houses  or  to  render  them  tenantable; 
•said  councils  shall  only  have  the  power  of  preventing  the  rebuilding  of 


32  CANALS. 

Bucii  wooden  houses  -which  shall  have  been  desti'oyed  by  any  event 
Whatsoever  or  which  shall  have  become  untenantable  from  age  or 
decay.— Act  of  Feb.  1842. 


BUEIALS  AND  BURYINa   GROUNDS.  — See  ^'Ceme- 
teries/^ No.  123. 


CANALS. 

1. — NEW   CANAL — JULIA  STREET. 


Rights  of  harfcor      No.  101.   (1.)  The  harbormaster  appointed  by  the  New  Orleans 
master.  Canal   and  Banking  Company,  shall  have  the   right  to  regulate 

the  moving  of  the  vessels  in  the  said  canal,  the  lading  and  dis- 
charging of  cargoes,  and  the  execution  and  enforcement  of  all 
such  rules  and  regulations  as  may  bo  enacted  for  the  use  and 
better  government  of  said  canal,  its  harbor,  basin,  road,  tow- 
path,  works  and  property  necessary,  or  appertaining  thereto : 
Provided,  the  same  are  not  inconsistent  with  any  ordinance  or 
resolution  of  this  council  now  existing,  or  which  may  hereafter 
be  passed. 
Captains  to  re-  No.  102.  (2.)  That  every  commander  of  a  vessel  shall  report 
P°^'*  to  the  harbor  master  within  fourteen  hours  after  his  arrival,  the 

name  and  tonnage  of  his  vessel,  and  produce  his  coasting  license, 
imder  a  penalty  of  fifty  dollars  for  every  infraction  of  this  article. 
Cargo.  j!^o.  103.     (3.)  That  no  vessel  shall  take  in  or  discharge  cargo, 

until  the  same  has  been  duly  reported  to  the  harbor  master,  under 
the  penalty  of  one  hundred  dollars  for  every  violation  of  this 
article. 
Captains  to  con.       No.  104.     (4.)  That  the  commander  of  every  vessel  in  said 
fo3m  to  orders,     ^anal,  basin  or  Uarbor,  shall  conform  to  the  order  of  the  harbor 
master  appointed  by  the  said  company,  as  regards  the  place  where 
his  vessel  shall  moor  to  discharge  or  take  in  cargo,  and  any  com- 
mander disobeying  or  resisting  such  orders,  shall  pay  a  fine  of 
fifty  dollars  for  each  and  every  infraction  of  this  article,  besides 
ten  dollars  for  every  twenty-four  hours  that  his  vessel  may  remain 
in  any  place  contrary  to  the  orders  so  given. 
Discharge  of  No.  105.  (5.)  That  no  vessel  shall  discharge  cik-gp  nearer  the 

margin  of  the  canal  or  basin  than  twelve  feet,  and*that  no  cargo, 
or  part  of  cargo,  shall  be  permitted  to  remain  on  the  landing  for 


CANALS.  33 

a  longer  time  than  six  days,  under  a  penalty  of  fifty  dollars  for 
each  and  every  infraction  of  this  article ;  and  the  harbor  master 
is  hereby  authorized  to  transport,  for  safe  keeping,  to  some  place 
appointed  for  the  purpose,  at  the  risk  and  expense  of  the  owner, 
all  articles  that  may  not  be  removed  within  the  time  specified  by 
this  ordinance,  and  he  shall  be  reimbursed  the  cost  of  transpor- 
tation, storage,  advertising,  and  all  other  charges  incurred  before 
delivery  of  the  same. 

No.  106.     (6.)   That  every  vessel  not   employed  in  loading  Vessels  not  em- 
or   unloading  cargo,  shall  pay  five  dollars  per  day  during  the  ^^°^^^' 
time  they  may  remain  in  the  canal,  basin  or  harbor,   counting 
from  the  eighth  day  after  their  arrival. 

No.  107.  (7.)  That  no  flat-boat,  barge,  skiff  or  vessel  of  any  unprotected 
description,  shall  take  on  board  or  discharge  timber,  firewood,  or  ^^°^^* 
cargo  of  any  kind,  from  or  upon  the  shell  road,  or  tow-path  of 
the  canal,  between  the  Florida  landing  and  harbor  at  the  lake,  or 
at  any  place  on  the  canal,  where  the  banks  are  not  protected  by 
works  to  preserve  them  from  injury  in  consequence  thereof, 
under  a  penalty  of  fifty  dollars  for  every  violation  of  this  article. 

No.  108.  (8.)  That  every  vessel  unfit  for  service,  or  that  is  Unseaworthy 
in  danger  of  sinking,  must  instantly  be  removed  out  of  the  '^®^®®^^- 
canal,  basin  and  harbor ;  and  any  vessel  that  may  remain  twenty- 
four  hours  after  the  harbor  master  has  given  notice  to  remove 
therefrom,  shall  pay  a  penalty  of  twenty-five  dollars  per  day  ; 
and  the  vessel  shall  be  removed  by  the  harbor  master  at  the  ex- 
pense and  risk  of  the  owners  thereof. 

No.  109.     (9.)  That  no  vessel  shall  remain  in  the  canal,  basin,  vessels  to  have 
or  harb'or,  without  a  keeper  on  board;  and  the  harbor  master   is  ^^^p^'^^- 
authorized  to  place  a  keeper  on  JMiard  of  any  vessel  which  may 
have  been  abandoned  or  deserred  for  twenty-four  hours,  at  the 
expense  of  the  owner  or  owners  thereof. 

No.  110.     (10.)  That  no  vessel  shall  be  built,  or  careened  for  Repairs  of  ves- 
the  purpose  of  repair,  in  the  canal,    basin  or  harbor,  under  a  ^^^^' 
penalty  of  one  hundred  dollars,  unless  by  special  permission  of 
the  New  Orleans  Canal  and  Banking  Company. 

No.  111.     (11.)  That  no  pitch,  rosin,  turpentine,  or  other  sub-  Combustible 
stance  of  a  like  combustible  nature,  shall  be  boiled  or  burnfr  on  ™*"^^' 
board  of  any  vessel  in  the  canal,  basin  or  harbor,    nor  shall   any 
fire   be  kept   up   after  nine  o'clock  at  night,  nor  kindled  during 
the  interval  between  that  hour  and  day-break,  under  a  penalty  of 
twenty-five  dollars  for  every  infraction  of  this  article. 


34 


CANALS. 


Rafts  and  timber. 


Steamboats. 


Course  iu 
ing. 


Towing. 


Tow-path. 


Filling  or  ob- 
structing canal, 
etc. 


Fines. 


Landings  not  to 
be  driven  on. 


No.  112.  (12.)  That  no  raft,  or  floating  timber  of  any 
description  shall  be  brought  into  the  canal,  basin  or  harbor,  under 
a  penalty  of  one  hundred  dollars ;  and  a  penalty  of  ten  dollars 
additional,  for  every  twenty-four  hours  they  may  remain  there. 

No.  113.  (13.)  That  no  steamboat,  in  passing  through  the 
canal,  shall  be  permitted  to  be  propelled  by  her  paddle  wheels, 
without  the  express  permission  of  the  harbor  master,  or  person 
appointed  by  the  New  Orleans  Canal  and  Banking  Company,  to 
control  and  take  charge  of  the  canal  works  by  them  constructed, 
under  a  penalty  of  one  hundred  dollars,  and  that  no  steamboat, 
having  obtained  such  permission  to  pass  through  the  canal 
propelled  by  her  paddle  wheels,  shall  go  at  a  greater  speed  than 
may  be  designated  by  the  harbor  master,  or  person  having  charge 
as  aforesaid,  under  a  penalty  of  one  hundred  dollars  for  every 
infraction  of  this  article. 

No.  114.  (14.)  Every  vessel,  in  coming  up  the  canal, 
or  from  the  lake  to  the  city,  shall  keep  on  the  right  side  in 
passing  vessels  coming  in  the  opposite  direction,  under  a  penalty 
of  twenty-five  dollars. 

No.  115.  (15.)  No  vessel  shall  be  towed  by  men,  horses  or 
otherwise,  on  the  shell  road  or  upper  side  of  the  canal,  but  must 
be  towed  on  the  tow-path  situated  on  the  lower  side  of  the  canal 
and  constructed  for  that  purpose,  under  a  penalty  of  twenty-five 
dollars  for  each  violation  of  this  article. 

No.  116.  (16.)  No  person  shall  drive. a  dray,  cart  or  other 
vehicle  on  the  tow-path  of  the  canal,  situated  on  the  lower  side 
of  the  canal,  under  a  penalty  of  twenty-five  dollars  for  each 
violation  of  this  article. 

No.  117.  (17.)  No  one  sl^l  be  permitted  to  draw  a  seine  or 
net  in  the  canal  or  basin,  or  to  throw  therein  stones,  bricks  or 
carcases  of  dead  animals,  or  any  thing  which  may  obstruct  the 
canal  or  basin,  or  become  offensive  or  injurious  to  the  public 
health,  under  a  penalty  of  fifty  dollars  for  every  infraction  of 
this  article. 

No.  118.  (18.)  All  fines  fixed  by  this  ordinance,  shall  be 
recoverable  before  any  court  of  competent  jurisdiction  for  the 
benefit   of  the   treasury   of  this  Municipality. 

2nd  Municipality  Ordinance  of  Dec.  5, 1837.    Southmayd  p.  249. 

No.  119.  (19.)  No  person  shall  drive  a  dray,  cart,  carnage 
or  other  vehicle  on  any  of  the  landings  on  either  side  of  the 
basin  of  the  new  canal  of  the  Canal  and  Banking  Company,  under 


CEMETERIES  AND  INTERMENTS.       •  35 

tlie  penalty  of  ten  dollars  for  each  contravention  of  this  ordinance 
and  against  all  persons  so  oifending,  it  shall  be  the  duty  of  the 
harbor  master  of  said  company,  and  the  officers  of  this 
Municipality,  to  i*eport  to  the  recorder;  and  the  fines  shall  be 
recovered   at   law   for   the   benefit   of  this  Municipality 

2nd  Municipality  Ordinance  of  Oct.  31, 1843.    Southmayd  p.  252. 
2. — CANAL   CARONDELET. 

No.  120.     The  whole  part  of  basin  Carondelet,  fronting  Basin  Schooners, 
street   between  St.  Peter  and  St.    Louis   streets,  is   especially 
appropriated  for  the  landing  of  schooners  and  other  crafts,  all 
resolutions  to   the    contrary   notwithstanding. 

1st    Municipality  Ordinance,  May  29, 1844.    Collens  p.  30. 

No.  121.     It  shall  not  be  lawful  for  any  master  or  owner  of  Not  to  land 

bricks  6tc 

any  schooner  or  craft  whatever,  landing  at  the  basin  Carondelet, 
to  land  or  suffer  to  be  landed  within  the  whole  part  of  said  basin 
fronting  on  Basin,  between  St.  Louis  and  St.  Peter  streets,  any 
lot  of  bricks,  shells  or  firewood  under  penalty  of  a  fine  of  twenty- 
five  dollars  recoverable  before  the  recorder  of  this  (first) 
municipality,  or  any  other  competent  magistrate  from  each  owner 
or  master  of  any  schooner  or  craft  violating  the  foregoing 
resolution. 

Ist  Municipality  Ordinance,  Feb.  1845.    Collens  p.  30. 

No.  122.     Any  j^son  owning  any  lot  of  bricks,  shells  or  cargo  landed  in 

firewood  landed  withffl  the  aforesaid  space  in  contravention  to  SnSnce.^'"'^  ^^ 

the  aforesaid  resolution,  shall  be  liable  to  the  aforsesaid  fine  of 

twenty-five  dollars  for  each  and  every  day  they  shall  neglect  to 

remove  or  cause  to  be  removed  any  such  lot  of  bricks,  shells  or 

firewood,  which  fine  shall  be  recoverable  before  the  recorder  or 
any  other  competent  tribunal. 

1st  Municipality  Ordinance,  Feb.  1845.    Collens  p.  80. 


CEMETERIES  AND  INTERMENTS. 

An  Ordinance  relating  to  Cemeteries  and  Interments. 
No.  123.     (1.)  That  no  keeper  of  any  burial  ground  within  Certificates  for 
the  limits  of  the  city,  shall  receive  or  bury  any  corpse,  unless  the  ^""*''  ^^' 
the  bearers  or  carriers  of  the  same  shall  deliver  to  him  the  cer- 
tificate of  a   licensed  physician,   or  of  a  magistrate,  or  of  the 
coroner,  containing  a  statement,  specifying,  as  nearly  as  possible, 


36  •        CEMETERIES  AND  INTERMENTS. 

the  death,  name,  age,  birth-place,  sex,  and  color,  and  setting  forth 
the  location  of  the  house,  or  place  whence  said  corpse  was  taken 
for  burial,  giving  the  name  of  the  owner  or  lessee  of  said  house 
or  place,  and  the  number  and  street  where  said  house  is  situated; 
and  if  there  is  no  number,  as  close  a  description  of  the  situation 
of  said  house  as  possible ;  and,  should  any  keeper  of  any  burial 
ground,  refuse  or  neglect  to  perform  any  of  the  duties  required 
by  this  article,  he  shall  be  fined  the  sum  of  fifty  dollars  for  each 
and  every  violation. 

Non-delivery  of       No.   124.     (2.)  Whenever  the  keeper  of  any  of   the  said 

cer  1  ca  es,  e  c.  ]3^j.iai.gj.Q^^n(jg  gj^^H  discovcr  that  the  formalities  required  by  this 
ordinance,  cannot  be  complied  with  by  the  bearers,  or  the  carriers 
of  the  said  corpse,  or  by  any  person  or  persons  bringing  the  same 
for  burial,  he  shall  immediately  inform  the  coroner  thereof,  in 
order  that  said  officers  may  proceed  to  ascertain  whether  any 
crime  has  been  committed,  and,  for  any  neglect  to  comply  with 
this  provision,  the  said  keeper  shall  be  fined,  as  provided  for  in 
the  preceding  section. 

Tomb  materials.  No.  125.  (3.)  All  tombs  must  be  built  of  the  best  kind  of 
brick  or  stone  laid  in  mortar,  with  the  proper  proportion  of  the 
best  cement  and  sharp  sand,  and  covered  with  bitumen  on  the 
ground  floor  of  each  tomb,  with  walls  not  less  than  nine  inches 
in  thickness,  and  plastered.  All  the  tombs  must  be  kept  in  good 
order,  and  it  shall  be  the  duty  of  the  sextm  to  notify  the  owners 
thereof  to  have  them  repaired;  otherwise  it  shall  be  done  by 
the  city  at  the  expense  of  the  owners,  who  shall  be  fined  in  a 
sum  not  exceeding  fifty  dollars. 

Opening  tombp.  No.  126.  (4.)  The  mayor  and  recorders,  are  each  authorized 
to  grant  permits  for  the  opening  of  tombs,  in  the  public  cemete- 
ries, to  such  persons  as  may  make  such  application  to  deposite  a 
dead  body  therein. 

Cemeteries  of  '^^-  1^7.     (5.)  The  various  churches  and  associations  owning 

associations.  cemeteries,  are  authorized  to  use  them  under  such  regulations 
made  by  them,  from  time  to  time,  as  may  not  conflict  with  city 
ordinances. 

Removal  of  rub  No.  128.  (6.)  All  persons  who  may  hereafter  erect  tombs  or 
vaults  within  the  public  cemeteries,  shall  be  required  to  remove 
therefrom  immediately  after  the  construction  of  a  tomb  or  vault, 
all  bricks,  mortar,  sand,  lumber,  and  other  materials  that  may 
remain ;  and  it  is  made  the  duty  of  the  sexton  to  see  this  section 
of  this  ordinance  enforced,  and  every  person  violating  it  shall  be 
subjected  to  a  fine  of  ten  dollars  for  every  offence. 


bish. 


CEMETERIES   AND  INTERMENTS.  SIT 


No.  129.  (7.)  All  sextons  -shall  inter,  within  the  shortest  Duty  of  sextoM, 
possible  delay,  all  deceased  persons  who  may  be  conveyed  to 
their  respective  cemeteries,  in  graves  to  be  dug  not  less  than  four 
feet  in  depth,  and  to  be  at  a  distance  of  at  least  three  feet  from 
each  other,  according  to  such  limitation  as  shall  be  described  by 
the  city  surveyor,  and  in  pursuance  of  such  directions  as  they 
may  receive  from  the  mayor  -,  and  it  shall  be  the  duty  of  each 
of  said  sextions  to  keep  a  book,  in  which  they  shall  insert,  accor- 
ding to  their  dates,  the  name,  sex,  age,  business,  and  birth-place 
of  each  and  every  person  they  shall  bury  in  the  ground,  or 
deposit  in  the  tombs  ;  to  take  care  that  no  damage  be  done  to  the 
tombs  and  fences  ;  to  prevent  cattle  and  beasts  from  going  into 
the  said  cemeteries ;  to  deliver  daily  to  the  chief  of  the  police,  a 
certified  copy  of  the  burials  set  forth  on  their  books,  whenever 
thereunto  required  by  the  mayor,  city  council,  or  chief  of  the  police, 
and  to  deliver  over  to  their  successor  the  said  books.  And  the  said 
keeper  shall  be  fined  not  less  than  ten,  nor  more  than  fifty  dollars, 
for  each  and  every  violation  of  the  foregoing  provisions. 

No.  130.     (8.)  The  prices  for  entombing  and  burying  in  each  price  for  inter- 
of  the  city  cemeteries,  shall  be  as  follows  :•  "^^' 

For  the  City.  Sexton's  Fees. 

For  every  white  adult $3  50                     $150 

For  every  white  child.... 1  50                      1  00 

For  every  colored  adult 2  75                      1  25 

For  every  colored  child 1  25                          75 

On  charity,  adult 1  25 

On  charity,  children 75 

On  charity,  colored  children....  50 
For  the  opening  and  closing  of 

vaults  and  tombs,  (owners  of 

tombs  and  vaults  paying  this 

amount.) 3  00 

No.  131.     (9.)  At  the  expiration  of  every  month,  it  shall  be  Recorder  of 
the  duty  of  the  keepers  of  the  burial  grounds  within  the  city,  to  dea«fs,"Sc. 
deliver  to  the  recorder'  of  births  and  deaths  of  this  parish,  all 
the  original  certificates  required  by  the.  ordinances,  by  virtue  of  * 

which  the  said  keepers  have  received  bodies  for  interment.  And  the 
said  recorder  of  births  and  deaths  shall  carefully  file  and  preserve 
such  original  certificates,  and  keep  indexes  to  the  same,  so  that 
they  may  be  easily  found  and  referred  to,  and  shall  give  copies  of 
the  same  duly  certified^  whenever  thereunto  required  by  the 
persons  interested 


ring. 


88  CEMETERIES  AND  INTERMENTS. 

Duty  of  surveyor      No.  132.     (10.)  It  sliall  be  the  duty  of  tlie  surveyor  to  visit 
missioner.  the  cemeteries  once  a  montli^  and  oftener^  if  he  deems  it  necessary, 

in  order  to  prescribe  the  limitations,  according  to  which  the 
graves  and  tombs  are  to  be  made,  care  being  taken  to  reserve  all 
around  and  along  the  fences,  such  places  as  may  be  necessary  to 
build  tombs  for  account  of  the  .city ;  and  it  shall  be  the  duty  of 
the  street  commissioner  to  visit  the  cemeteries  once  a  month,  and 
see  that  the  ordinances  are  observed. 
Burials  in  No.  133.     (11.)  No  burial  shall  be  permitted  in  any  church- 

yard in  this  city,  except  the  pastor  of  their  churches,  under  a 
penalty  of  a  fine  of  one  hundred  dollars. 
Damaging  tombs,  No.  134.  (12.)  Any  pcrsou  or  persons  who  shall  wantonly 
damage  or  destroy  the  enclosures  of  any  grave,  tomb,  or  monument, 
or  damage  the  tomb  or  fence  of  any  cemetery,  shall  be  liable  to  a 
fine  of  not  less  than  ten,  nor  more  than  fifty  dollars ;  and  if  a 
slave  violate  this  ordinance,  he  shall-  receive  twenty  lashes,  unless 
his  master  shall  pay  the  fine. 
Improper  con-  No.  135.     (13.)  Any  pcrson  or  persous  who  shall  enter  the 

ries.*  ^^  *^®°^^**'"    cemeteries  and  be  guilty  of  breaking  the  trees  or  shrubbery,  or 
defacing  the  tombs,  |pr  committing  any  other  depredations,  or 
W  •       using  any  profane  or  improper  language,  while  on  the   premises, 

91       or  sell  or  off'er  for  sale  any  refreshments  or  fruits  ot  any  kind 
within  said  cemeteries,  shall  be  liable  to  a  fine  each  of  not  less 
than  five,  nor  more  than  twenty-five  dollars  for  each  and  every 
offence. 
Burial  of  bodies.      No.  136.     (14.)  It  shall  be  the  duty  of  every  person,  at  whosG 
domicil  any  person  shall  have  died,  to  cause  the  same  to  be 
buried  within  forty-eight  hours  after  his  death,  and  any  person 
offending  against  this  section  of  this  ordinance,  shall  pay  a  fine 
not  exceeding  one  hundred  dollars  for  each  offence. 
Vehicles  in ceme-      ^^"^ '     (1^0  No  drays,  carts,  carriages  or  other  vehicles  shall 
*^"^^*  be  permitted  to  enter  any  cemetery,  under  a  penalty  not  exceeding 

fifteen  dollars. 
Burial  of  indi-         138.     (16.)  The  Street  commissioner  and   his   deputies  are 
persons.  hereby  authorized  to  give  certificates  for  burial,  embracing  the 

particulars  enumerated  in  the  first  section  of  this  ordinance, 
whenever  he  or  they  shall  be  satisfied  from  the  representation  of 
any  known  responsible  citizen,  that  there  is  no  reason  to  suspect 
that  the  death  of  the  deceased  has  resulted  from  any  other  than 
a  natural  cause,  and  the  subject  is  one  of  indigence,  and 
appropriate  for  charity ;  and  in  such  cases  the  street  commissioner 
and  his  deputies  are  authorized  to  provide  for  the  decent  interment 


CEMETERIES  AND  INTERMENTS.  39 

of  the  bodies  of  such  indigent  deceased  persons,  by  procuring 
the  necessary  number  of  coffins  to  be  made ;  provided,  the 
expense  of  each  grave  shall  not  exceed  two  dollars;  and  the 
expense  of  the  conveyance  to  the  cemetery,  except  in  times  of 
epidemic,  shall  not  exceed  seventy-five  dollars  per  month,  which 
shall  be  paid  for  two  wagons  to  be  used  for  the  purpose,  one  of 
which  shall  be  stationed,  when  not  in  actual  use,  near  the  city 
hall,  and  the  other  near  the  office  of  the  deputy  street  commissioner, 
of  the  second  district;  and  provided,  also,  that  the  persons 
engaged  in  this  service  shall  convey  indigent  sick  persons  to  the 
hospital,  whenever  called  upon  for  that  purpose,  and  when  not 
occupied  in  carrying  indigent  dead  persons  for  burial ;  and, 
provided,  further,  that  only  one  of  said  wagons  shall  be  employed 
in  this  service,  at  times  when  one  shall  be  able  to  comply  with 
all  the  demands. 

139.  (17.)  It  is  hereby  made  the  duty  of  the  sheriff,  to  Burial  of  prison- 
give  immediate  notice  to  the  street  commissioner,  of  the  death 
of  any  prisoner  or  prisoners  confined  in  the  parish  jail,  and  it 
shall  be  the  duty  of  the  said  commissioner*  to  have  said  bodies 
interred  in  the  same  manner  as  is  provided  for  the  burial  of  the 
indigent  poor — provided,  that  in  all  cases,  the  friends  of  the 
deceased  shall  have  the  privilege  of  burying  them  at  their  own 
expense. 

No.  140.  (18.)  Hereafter  no  person  shall  be  buried  in  the  cemetery  in 
ground  of  the  cemetery,  or  the  square  comprised  within  ^o^^th  district. 
Washington,  Sixth,  Prytania  and  Plaquemine  streets,  of  the 
fourth  district;  and  in  future  no  interments  shall  be  made  therein, 
except  by  persons  owning  lots,  vaults  or  tombs  :  and  further,  that 
the  St.  Joseph's  Asylum,  of  the  fourth  district,  may  use  square 
No.   271  for  burial  purposes. 

No.    141.     (19.)  Permission  is  hereby  granted  to  the  officers  Israelite  charita- 
and  merixbers  of  the  Israelite  Charitable  Association,  to  open  the     ®  ^^^^^^^  ^°°- 
square  of  ground  No.  84,  bounded  by  St.  Louis,  Bernadotte, 
Toulouse  and  Antoine  streets ;  for  the  purpose  of  establishing  a 
cemetery  :  provided  the  same  be  properly  enclosed  with  a  good  ♦ 

and  substantial  brick  wall;  and,  provided  further,  that  all 
ordinances  and  resolutions  of  the  city  council,  which  are  now, 
or  may  hereafter  be  passed  by  said  council,  relative  to  cemeteries, 
be  strictly  complied  with. 

No.  142.     (20.)  The  sextons   shall    possess    the    power    to  Sextons  to  make 
arrest,  and  cause  to  be  arrested,  all  persons  who  shall  violate  any 


40  CEMETERIES  AND  INTERMENTS. 

of  the  provisions  of  the  foregoing  ordinance  relating  to  cemeteries 

or  interments. 

Sextons  to  post        No.  143.     (21.)  That  a  printed  copv  of  the  ordinance  relative 
this  ordiEance.  .  ,  ,  ^        ^        -,  - 

to  cemeteries  and  interments  be  placed  in  a  conspicuous  position, 

at  each  entrance  of  all  the  aforesaid  cemeteries  within  the 
incorporated  limits  of  the  city,  for  reference,  at  the  expense  of 
the  sexton  of  each  cemetery ;  and  in  case  of  neglect  or  refusal 
of  the  sexton  in  charge  of  such  cemetery  to  comply  with  the 
provisions  of  this  ordinance,  he  shall  be  liable  to  a  fine  of  ten 
dollars  per  day  for  said  offence,  recoverable  before  any  court  of 
competent  jurisdiction,  for  the  benefit  of  the  city. 
Permission  of  No.  144.     (22.)  After  the  passage  of  this  ordinance  there 

lish  cemeteries,  shall  not  be  established  within  the  limits  of  this  city  any 
cemetery  or  depository  of  the  dead,  without  first  having  obtained 
permission  from  the  common  council,  under  a  penalty  of  twenty- 
five  dollars  per  day  for  each  and  every  day  such  establishment 
shall  exist. 
Repealing  clause.  145.  (23.)  All  ordinances  and  parts  of  ordinances  conflicting 
with  the  provisions  of  this  ordinance,  and  all  ordinances  on  the 
same  subject  are  hereby  repealed. 

City  Ordinance,  No.  3174.   Approved  Dec.  26, 18.56. 

ACTS    OF    THE    LEGISLATURE. 

An  Act  relative  to  Public  Cemeteries. 
Seotion  1.     Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of 
the  State  of  Louisiana   in   General  Assembly   convened,  That  all  public 
Cemeteries  ex-      Cemeteries  for  the  purpose  of  interment,  with  the  monuments  erected 
ation^'sale'and^'  thereon,    whether   owned  by    religious  or  charitable  corporations  or 
mortgage.  associations,  by  municipal    corporations   or  by    individuals,  shall  be 

forever  exempt  from  taxation  and  from  seizure  and  sale  for  debt,  and 
shall  never  be  susceptible  of  mortgage,  whether  legal  or  conventional. 
Right  to  sell  lots       Sec.  2.     That  all  religious  denominations  and  congregations  of  this 
interment.  State,  and  all  other  associations  which  now  own,  or  may  hereafter  own, 

any  portion  of  land  destined  as  a  place  for  the  interment  of  the  dead, 
shall  have  the  right  to  sell,  convey  and  transfer  such  parts,  fractions  or 
lots  of  the  same,  as  may  be  necessary  and  proper  for  interments ;  the 
acts  of  sale,  conveyance  and  transfer  shall  be  passed  under  such  form 
as  may  be  prescribed  by  the  by-laws  or  special  resolutions  of  the  reli- 
gious denominations  and  congregations  or  other  associations.  Acts  of 
sale  so  made  shall  be  equally  authentic,  and  impart  full  proof  as  if  they 
had  been  passed  before  a  notary  public  and  two  witnesses.  It  shall 
not  be  necessary  to  record  them  in  any  public  office,  nor  shall  it  be 
lawful  for  the  recorder  of  mortgages  in  any  city  or  parish  of  this  State, 
to  record  or  to  certify  the  existence  of  any  privilege  or  mortgage  bear- 
ing on  said  lots.     The  lots  shall  be  forever  free  from  taxation  and  from 


CHIMNEYS,    STOVES,   STOVE  PIPES,   ETC.  41 

seizure,  attachment  or  sequestration  for  debts  of  any  owner,  whether  Exemptions, 
belonging  to  the   successions   of  deceased  persons,   or  to   surviving 
friends. 

Sec.  3.     That  all  laws  or  parts  of  laws  contrary  to  this  act,  and  all  Certain  laws 
laws'on  the  same  subject-matter,  except  what  is  contained  in  the  Civil  '®^®*  ®  ' 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  118. 
8ee  Civil  Code,  Art.  447. 


CHAIN  GANG. 


No.  146.     That  ordinance  No.  2493,  approved  10th  December,  Repeal  of  chain 

.  gang  ordinance. 

1855,  re-establishing  the  chain  gang,  be  and  the  same  is  hereby 
repealed. 

City  Ordinance,  No.  3169. 


CHIMNEYS,  STOVES,  STOVE  PIPES,  ETC. 

No.  147.  It  shall  be  the  duty  of  each  owner  or  occupant  of  Chimneys  to  be 
every  house,  within  the  city  and  suburbs  to  sweep,  or  cause  to  be 
swept,  at  least  once  a  month,  any  chimney  where  he,  she  or  they 
habitually  keep  a  fire  ;  and  if  any  chimney  shall  take  fire  through 
neglect  of  being  properly  swept  and  cleansed,  the  occupant  of 
the  house,  room  or  apartment  to  which  such  chimney  appertains, 
shall  forfeit  and  pay  a  fine  of  five  dollars. 

Art.  1,  Ordinance  of  1817.  Collens  p.  69. 

No.  148.     (1.)  From  and  after  the  passao^e  of  this  ordinance,  stoves— distant 

,    „  .  «      -I  .  1      1    1,  from  woodwork. 

no  person  shall  set  up  or  use  a  stove,  any  portion  of  which  shall 

be  within  two  feet  of  any  part  of  the  wood-work  of  the  walls, 

partitions  or  floors,  of  any  building  within  the  limits  of  the  city, 

without  protecting  such  wood-work  with  a  metallic  covering,  so  as 

eifectually  to  prevent  the  same  from  taking  fire  from  such  stove 

or  stove-pipe.  ^ 

No.  149.     (2.)  In  all   cases  where  a   stove-pipe   projects   or  Projecting  stovo 

passes  through  the  roof,  partition  or  wall  of  any  building,  a  part  ^^^ 

or  the  whole  of  which  may  be  wood,  the  pipe  shall  be  separated 

from  such  roof    or  wood-work  at   least  six  inches  by  sheet  iron 

or    other  incombustible   materials,  and    shall  project  above   or 

beyond  the  roof  or  wall  of  the  building,  as  the  case  may  be,  at 

least  three  feet. 

6 


42r 


CHIMNEYS,    STOVES,   STOVE  ^PES,   ETC. 


Not  to  project 
over ! ' 


Not  to  annoy 
neighbors. 


Penalty. 


Repealing  clause. 


Chimneys  of 
factories,  steam 
engines,  etc. 


Penalties. 


Repealing  clauee. 


No.  150.  (3.)  No  stove-pipe  shall  be  allowed  to  project  over 
any  sidewalk  or  into  any  street. 

No.  151.  (4.)  No  person  shall  erect,  or  continue  erected,  or 
use  any  chimney,  stove,  or  stove-pipe,  in  such  a  manner  as  that 
the  smoke  thereof  shall  annoy  any  neighbor,  or  the  citizens 
passing. 

No.  152.  (5.)  Any  person  or  persons  contravening  any  por- 
tion of  this  ordinance,  after  written  notice  to  comply  with  its 
provisions  from  the  street  commissioner,  shall  be  liable  to  a  pen- 
alty of  ten  dollars  for  each  day  he  or  they  may  be  in  contraven- 
tion, recoverable  before  any  court  of  competent  jurisdiction,  for 
the  benefit  of  the  city. 

No.  153.  (6.)  All  ordinances  contrary  to  the  provisions  of 
this,  be  and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  2179.   Approved  May  19, 1855. 
See  No.  292. 

No.  154.  (1.)  The  flues  or  chimneys  of  all  steam  engines, 
bakeries,  forges,  or  other  steam  factories,  shall  be  elevated  at  the 
highest  adjoining  roofs,  within  an  area  of  one  hundred  feet  from 
the  said  establishments. 

No.  155.  (2.)  Any  person  refusing  or  neglecting  to  comply 
with  the  preceding  provision,  upon  the  first  requisition  made, 
shall  be  subject  to  pay  a  fine  of  fifty  dollars  for  each  ofi"ence ;  and, 
moreover,  the  said  off'ender  shall  be  liable  to  pay  a  penalty  of  one 
hundred  dollars,  for  each  month,  from  and  after  the  first  requisi- 
tion, that  he  shall  have  neglected  or  refused  to  comply  with  the 
preceding  provision ;  and  the  said  fines  shall  be  recovered  before 
any  court  of  competent  jurisdiction. 

No.  156.  (3.)  All  ordinances  or  parts  thereof,  contrary  to  the 
present,  be,   and  the  same  are  hereby  repealed. 

Ordinance  of  1841.    Collens  p.  84. 


ACTS  OF  THE  LEGISLATURE. 

Art.  688.  He  who  wishes  to  dig  a  well  or  a  necessary,  to  build  a 
chimney,  or  hearth,  a  forge,  an  oven,  a  furnace  or  stable,  to  put  up 
shelves  or  to  store  salt  or  other  corrosive  substance  near  a  wall,  whether 
held  in  common  or  not,  is  bound  to  leave  the  distance,  and  to  cause  to  be 
made  the  works  prescribed  by  the  regulations  of  the  police,  in  order  that 
his  neighbor  be  not  injured  thereby. 

And  if  there  be  no  regulations  of  police  upon  all  or  any  of  these  sub- 
jects, he  shall  conform  to  the  following  rules,  in  cases  which  have  not 
been  foreseen. — Civil  Code. 


CLAIMS  AGAINST  THE  CITY.  43 

Aet.  689.  He  wlio  wishes  to  build  a  chimney  or  hearth  against  a  -wall 
held  in  common,  is  bound  to  make  a  double  wall  of  brick  or  other  proper 
materials  six  inches  thick. — Civil  Code. 


CITY  ATTORNEY.— Seo  ,,  Attorney/'  p.  2. 

CITY  ASSISTANT  ATTORNEY.— See  ^^  Assistant  City 
Attorney,  p.  3. 


CLAIMS  AGAINST  THE  CITY. 
No.  157.     That  resolution  No.  2370,  approved  September  11,  Repealing  certain 

^  -^  .        ^     .  ordinances. 

1855,  and  whicli  provides  ^^  that  all  certificates  issued  in  pursu- 
ance of  a  contract,  shall  bear  seven  per  cent,  per  annum  interest 
from  the  date  of  their  approval  by  the  chairman  of  the  finance 
committee  until  paid,''  be  and  the  same  is  hereby  repealed. 

City  Ordinance  No.   2573. 

Whereas,  There  are  obligations  of  the  city  which  cannot  be 
met  for  want  of  means  in  the  treasury ;  and  whereas  the  parties 
who  are  thus  delayed  in  the  receipt  of  the  money  due  them,  are 
equitably  entitled  to  interest  upon  their  claims;  therefore. 

No.  158.     Beit  Resolved,  That  all  certificates  issued  in  pur-  Certificates  to 

-  1     n  1  •  t)ear  seven  per 

suance  oi  a  contract  shall  bear  seven  per  cent,  per  annum  interest  cent,  interest. 
from  the  date  of  their  approval  by  the  chairmen  of  the  finance 
committees,  until  paid ;  and  that  all  other  claims,  excepting 
claims  upon  which  judgments  of  law  have  been  obtained,  shall 
bear  seven  per  centum  interest  from  the  date  of  the  promulgation 
of  the   resolutions  authorizing  payment  of  the  same,  until  paid. 

No.  159.  That  the  comptroller  shall  register  and  number  all  Comptroller  to 
certificates  that  shall  have  been  approved  by  the  chairmen  of  the  cates. 
finance  committees  as  aforesaid ;  and  all  claims,  the  payment  of 
which  shall  have  been  authorized  by  virtue  of  resolutions  as 
aforesaid,  together  with  the  date  of  said  certificates,  and  the  dates 
of  the  approval  of  the  same,  and  of  the  approval  of  said 
claims,  and  shall  issue  his  warrants  for  the  same,  in  the  order 
in  which  said  certificates  and  said  claims  shall  appear  upon  his 
said  register,  commencing  with  No.  1. 

No.  160.     That  nothing  contained  in  the  aforesaid  resolutions  Salaries  of  offi- 
shall  apply  to,  or  in  any  way  affect  the  pay-rolls  of  the  salaries  of  '^^^^' 


44 


CCFFEE-HOUSES,   CABARETS,   BAR-ROOMS,   ETC. 

the  officers,  police,  and  employees  of  the  city,  and  that  said  pay- 
rolls shall  have  preference  in  payment  over  all  other  claims  of 
what  nature  soever. 

City  Ordinance,  No.  2975.    Approred  August  14th,  1856. 
See  No.  181,  No.  200  and  No,  230. 


COFFEE-HOUSES,  CABARETS,  BAR-ROOMS,  ETC. 


License,  etc. 


An  Ordinance  relative  to  Coffee-Houses,  Cabarets,  Bar-rooms,  etc. 
No.    161.    (1.)      Every   keeper    of   a   grog-shop,    bar-room. 


tavern,  cabaret,  coifee-house,  beer-house,  pleasure-garden,  saloon, 
theatre,  ball-room,  club-room,  or  any  other  establishment  what- 
ever, wherein  spirituous  or  malt  liquors  are  sold  by  the  glass  to  be 
drunk  on  the  premises,  must  obtaiu  a  license  for  that  purpose, 
and  pay  the  tax  fixed  by  the  ordinances  establishing  uniform 
rates  of  taxation,  under  the  pains  and  penalties  pronounced  by 
said  ordinances,  and  section  94  of  the  statutes,  approved  March 
14,  1855. 
Bond  and  surety.  No.  162.  (2.)  Every  person  applying  to  obtain  a  license,  as 
aforesaid,  shall  subscribe  a  bond  with  surety  for  the  sum  of  one 
thousand  dollars,  to  secure  the  payment  of  such  fines  and  taxes, 
said  bond  and  security  to  continue  in  force  eighteen  months  from 
the  time  it  shall  be  furnished. 

See  "Bonds,"  page  24. 

No.  163.  (3.)  Every  person  who  shall  have  obtained  a 
license  to  sell  spirituous  or  malt  liquors  by  retail,  shall  place  at 
his  door,  or  in  some  conspicuous  place  on  his  house,  his  sign,  on 
which  shall  be  printed  his  name,  and  the  number  of  his  license, 
under  a  penalty  of  twenty-five  dollars,  and  five  dollars  a  day  for 
every  day  he  shkll  refuse  or  neglect  to  comply  with  this  provision, 
after  notice  from  the  chief  of  the  police. 

No.  164.  (4.)  No  cabaret  or  coffee-house  license  shall,  here- 
after, be  issued  to  any  colored  person. 

No.  165.  (5.)  All  persons  who  have  obtained  license  to  sell 
spirituous  or  malt  liquors  by  the  quart  or  bottle,  are  prohibited 
from  selling  the  same  in  smaller  quantities,  and  every  person  so 
selling  shall  pay  a  fine  of  not  less  than  twenty-five,  nor  more 
than  one  hundred  dollars — one-half  for  the  use  of  the  city,  and 
the  other  half  for  the  informer. 


Sign. 


No  licenses  to 
colored  persons, 


Quantity  of 
liquor. 


COFFEE-HOUSES,   CABARETS,   BAR-ROOMS,   ETC.  45 

No.  166.  (6.)  Any  person  who,  after  having  obtained  one  transfer  of 
or  more  licenses  for  the  purpose  named  in  this  ordinance,  shall, 
without  the  consent  of  the  mayor,  make  over  and  sell  the  same 
to  others,  shall,  o^  conviction  of  the  same,  be  fined  fifty  dollars 
for  each  license  made  over  or  sold,  as  shall  each  person  who 
received  or  bought  the  same. 

See  No.  719. 

No.  167.  (7.)  All  coffee-house  keepers  and  all  other  persons  u.  s.  soldiers. 
are  prohibited  from  selling  spirituous  or  fermented  liquors  of  any 
kind  to  soldiers  in  the  service  of  the  United  States,  unless  they 
bear  a  written  permission  from  an  officer  of  the  army,  under  a 
penalty  for  every  such  offense  of  a  fine  of  not  less  than  fifteen 
dollars — one-half  to  -the  city,  and  the  other  half  to  the  informer. 

No.  168.  (8.)  Any  keeper  of  a  coffee-house,  or  place  where  Liquor  to  slaves. 
spirituous  liquor  is  retailed,  who  shall  sell  or  give  away  any  such 
liquor  to  slaves,  without  a  written  permission  from  their  master, 
shall  pay  for  every  offense  a  fine  not  less  than  twenty,  nor  more 
than  one  hundred  dollars;  and  every  such  vendor  of  spirituous 
liquors  shall  be  punished  with  a  like  fine  who  shall  furnish  intox- 
icating drinks  to  slaves  in  exchange  for  goods  or  merchandise. 
All  coffee-house  keepers  are  responsible  for  the  acts  of  persons  in 
their  employfnent  who  shall  be  guilty  of  any  offense  mentioned 
in  this  section. 

No.  169.  (9.)  All  coffee-houses,  or  other  places  where  open  in  contra- 
spirituous  or  malt  liquors  are  sold  at  retail,  which  shall  be  found 
open  in  contravention  of  law,  shall,  after  five  days'  notice,  to  be 
given  by  the  treasurer  in  writing,  be  closed  by  the  police  at  the 
order  of  the  treasurer.  The  police  are  required  to  report  in 
writing,  through  their  captains,  to  the  treasurer,  all  persons 
keeping  public  houses  in  contravention  of  law. 

No.  170.  (10.)  It  shall  not  be  lawful  for  any  owner  or  own-  Hours  to  keep 
ers  of  coffee-houses,  or  other  places  where  spirituous  or  malt 
liquors  are  sold  by  the  glass,  to  open  said  house  or  place  before 
four  o'cloc^k  in  the  morning,  or  to  keep  the  same  open  after 
twelve  o'clock  at  night,  under  a  penalty  of  not  less  than  fifty 
dollars  for  each  and  every  infraction  of  this  provision. 

No.  171.     (11.)  It  shall  be  the   duty  of  the   chief   of   the  Music  in  bar- 
police  to  arrest  all  persons  who  shall  be  found  playing  or  causing  '^^^^'  *'*^' 
to  be  played  music  in  any  bar-room,  coffee-house,  or  other  place 
where  liquors  are  sold;  who,  upon  conviction,  shall  be  liable  to  a 
fine  of  not  more  than  fifty  dollars  for  each  and  every  offense,  and 
the  coffee-house  keeper  shall  be  liable  to  the  same  penalty. 


46  COFFEE-HOTTSES,   CABARETS,  BAR-ROOMS,  ETC. 

Disorderly  No.  172.     (12.)  Tlie  mayor,  and  also  the  chief  of  the  police 

shall  have  power,  in  case  of  riots,  fights,  and  disturbances  of  any 
kind  in  the  neighborhood  of  bar-rooms,  coffee  or  drinking  houses, 
to  notify  the  keepers  or  proprietors  to  close  said  houses,  and  in 
case  of  neglect  or  refusal,  the  keepers  of  said  houses  shall  be 
liable  to  a  fine  of  one  hundred  dollars  for  each  offense. 

Slaves  in  coffee         ^0.  173.     (13.)  It  shall  be  the  duty  of  the  police  to  arrest 

ouses.  ^jj  slaves  caught  drinking  spirituous  or  malt  liquors,  or  playing 

cards  in  grog-shops,  or  coffee-houses,  or  in  the  streets  of  the  city. 

Card  playing,  etc.  No.  174.  (14.)  It  shall  not  be  lawful  for  any  keeper  of  any 
cabaret  or  coffee-house,  to  permit  white  persons  and  colored  per- 
sons to  play  cards  together,  or  any  other  game  in  their  house, 
under  a  penalty  of  not  less  than  twenty  dollars,  nor  more  than 
one  hundred  dollars  for  every  offense,  and  a  like  penalty  for  each 
of  the  players;  and  it  shall  be  the  duty  of  the  police  officers  who 
may  discover  an  assembly  of  this  kind  to  arrest  all  the  parties 
engaged  in  it. 

Election  days.  No.  175.     (15.)  It  shall  not  be  lawful  for  any  bar-room,  Qof- 

fee-house,  cabaret,  grog-shop,  beer-house  or  beer-garden  to  be 
kept  open  on  Presidential,  State  or  General  Municipal  elections, 
from  and  after  the  e-xpiration  of  licenses  for  the  present  year, 
under  a  penalty  of  one  hundred  dollars. 

Repealing  clause.  '^^-  ^'^^'  O-^')  ^^^  ordinances  or  parts  of  ordinances  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3134.    Approved  Dec.  13, 1856. 

Relative  to  "Lewd  Women,"  see  No.  404. 

"        to  "Slaves,"  see  Nos.  763,  764,  765,  770. 

"        to  -'Tax  and  Licences,"  see  Nos.  655,  718,  719,  720,  725,  731. 

"        to  "City  Tax,"  see  No.  655. 

ACTS  OF  THE  LEGISLATUKE. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 

Police  'urics  and  ^^^^  ^^^^^  ^^  Louinana  in   General  Assembly  convened,  That  the  police 

municipal  auth-   juries  of  the  several  parishes,  the  municipal  authorities  of  the  several 

with  exclusive      towns  and  cities,  and  the  board  of  aldermen  and  assistant  aldermen, 

fT'^h*''  '^1°%     together  with  the  mayor  of  the   city  of  New  Orleans  shall  have  the 

intoxicating  exclusive  power  to  make  such  laws  and  such  regulations  for  the  sale  or 

iquors.  prohibition  of   the   sale  of   intoxicating  liquors    as    they    may    deem 

Licenses,  how       advisible,  and  to  grant  or  withhold  licenses  from  drinking  houses  and 

held-*^*^^  '^^^'*^^'^^"  shops,  within  the  limits  of  any  city,   ward  of  a  parish  or  town  as  a 

majority  of  the  legal  voters  of  any  city,  ward  of  a  parish  or  town  may 

determine  by  ballot,  and  the  said  ballot  shall  be  taken  whenever  deemed 

necessary  by  the  police  juries  of  the  several  parishes,  the  municipal 

authorities  of  tjie  several  towns  and  cities  and  the  board  of  aldermen 

and  assistant  aldermen  together  with  the  mayor  of  the  city  of  New 


COMMITTEES.  47 

Orleans  ;  provided,  that  said  election  shall  not  be  held  more  than  once 
a  year. — Act  of  1855,  p.  178. 

Sec.  92.     That  whoever  shall  be  guilty  of  keeping  any  disorderly  Disorderly 
inn,  tavern,  ale-house,  tippling-house,  gaming-house  or  brothel,  shall    °"^®^- 
sufiFer  fine  or  imprisonment,  or  both,  at  the  discretion  of  the  court,  and 
the  offender  may  likewise  be  adjudged  to  forfeit  his  license  to  keep  a 
house  of  public  resort  or  entertainment.— Act  of  1855,  p.  144. 

Sec.  94.     That  whoever  shall  keep  a  grog  or  tippling-shop,  or  retail  Keeping  grog 
spirituous  liquors,  without  previously  obtaining  a   license  from    the  ucensT 
police  jury,  town  or  city  authorities,  on  conviction  shall   be  fined  not 
less  than  one  hundred,   nor  more  than  five  hundred  dollars,  and  in 
default  of  payment,  shall  be  imprisoned  not  less  than  fifteen  days,  nor 
more  than  four  months. — Act  of  1855,  p.  145. 


COMMITTEES. 


1. — riNANCE   COMMITTEES. 

No.  177.     That  the  finance  committee  be  and  they  are  hereby  Suits  for  city 
antTiorized  to  withdraw  all  suits  of  the  city  taxes  past  due,  when 
they  shall  be  satisfied  that  the  tax  sued  upon  has  either  been 
paid  or  erroneously  assessed. 

City  Ordinance,  No.  535. 

No.  178.     That  the  finance  committee  be,  and  they  are  hereby  cierk. 
authorized  to    employ  a    competent    person    as    clerk   of   said 
committee. 

City  Ordinance,  No.  2131.    Salary  $1800  per  annum  by  Ordinance,  No.  30l8. 

No.  179.     That  from  and  after  the  passage  of  this  resolution,  To  approve  bills 
all  bills  or  certificates  from  any  of  the  departments  of  the  city  ^^ 
government,  whether  provided  for  by  contract  or  otherwise,  shall 
be  approved  by  the  finance  committee  before  being  paid  by  the 
comptroller. 

City  Ordinance,  No.  2175. 

No.  180.     That  from  and  after  the  passage  of  this  resolution,  to approveappii^ 
all  applications  for  orders  from  any  of  the  city  officers,  involving  ordeTs!  ^'''' 
an  expenditure  of  money,  shall  before  being  issued,  be  approved 
by  the  committee  on  finance  of  the  board  of  assistant  aldermen. 

City  Ordinance,  No.  2321.     Fire  commissioners'  duties,  see  No.  314. 

No.  181.     That  the  finance  committees  of  the  common  council  To  discount 
be  and  they  are  hereby  authorized  to  have  such  notes  belonging  ^^^^^' 
to  the  city  discounted,  as  they   from   time  to  time  may   deem 
advisible  to  the  interests  of  the  city,  and  for  the  purpose  of 
applying  the  money,  so  obtained,  to  meet  the  current  expenditures. 

City  Ordinance,  No.  2932. 


48  COMMITTEES. 

To  report  notes  No.  182.  It  shall  be  the  duty  of  the  finance  committees  to 
report  to  the  common  council  whenever  they  shall  have  discounted 
any  notes  belonging  to  the  city. 

City  Ordinance,  No.  2959.    Approved  August  7,  1856. 

To  record  judg-  No.  183.  That  the  chairmen  of  the  committees  on  finance 
be  and  they  are  hereby  required  to  cause  all  judgments  rendered 
in  favor  of  the  city  against  delinquent  tax  payers,  by  the  several 
justices  of  the  peace,  to  be  duly  recorded  in  the  mortgage  ofiice. 

City  Ordinance,  No.  3136.    See  No.  28. 
Duty  as  to  "Comptroller,"  see  No.  198. 
Duty  as  to  "Fiscal  Agency,"  see  No.  337. 

ACTS  OF  THE  LEGISLATURE, 

Compensation  of      Sec.  101.     That  tlie  chairmen   of  the   finance    committees    of  the 
nancecommitl'ee    common  council  shall  receive,  in  full  compensation  for  all  their  services 

rendered  under  this  Act,  the  sum  of  two  hundred  dollars  per  month, 

and  no  more. — Act  1856,  p.  158. 
See  Act  1856,  p.  143,  sec.  30. 


2. — COMMITTEES  ON  STREETS  AND  LANDINGS. 

To  approve  certi-  No.  184.  Hereafter  all  certificates  of  the  surveyor  and  street 
done?'  ^^  ^^^  commissioner  for  work  done  under  contract  for  the  city  of  New 
Orleans,  shall  be  approved  by  the  chairmen  of  the  committees  of 
streets  and  landings  of  the  common  council,  or  in  the  absence  of 
the  chairman  of  either  committee,  by  the  acting  chairman,  before 
said  certificates  are  comptrolled  by  the  comptroller. 

City  Ordinance,  No.  102. 

To  approve  speci-      No.  185-.     From  and  after  the  passage  of  this  resolution,  all 

ca  ons,  e  c.       specifications  for  public  works  shall  be  approved  by  the  committee 

on  streets  and  landings   before  being  published,  and   that   the 

comptroller  be  and  he  is  hereby  directed  not  to  sell  any  contract 

until  the  specifications  be  prepared. 

City  Ordinance.  No.  2176. 

To  fix  number  of      No.  186.     That  the  Superintendence    of   carts  and   laborers 
borers^."^  ^**       shall  hereafter  be  placed  under  the  department  employing  them, 
and  that  as  heretofore,  the  number  of  carts  and  laborers  shall 
be  fixed  by  the  committees  on  streets  and  landings. 

City  Ordinance,  No.  2212. 
Their  duty  as  to  "ContractSj"  see  No.  6,  235,  236. 

8.— COMMITTEES  ON  WORK-HOUSES  AND  PRISONS. 

To  appoint  secre*      No.  187.     That  the  committee  on  work'houses  and  prisons  of 
**'^^'  the  board  of  assistant  aldermen  be,  and  are  hereby  authorized  to 


COMMITTEES.  49 

appoint  a  suitable  person,  whose  duty  it  shall  be  to  keep  the 
accounts  and  examine  the  bills,  purchases,  etc.,  of  the  committee 
of  the  same ;  also  to  act  as  secretary  of  all  other  standing  com- 
mittees of  the  board  of  assistant  aldermen,  with  the  exception  of 
the  committees  of  finance  and  streets  and  landings. 

That  the  pay  for  the  services  of  such  person  so  appointed  shall  Salary, 
be  fixed  at  one  hundred  dollars  per  month. 

City  Ordinance  No.  1679.    Made  $125  by  Ordinance  No.  2926. 


4. — COMMITTEES   ON  HOUSE  OP  REFUGE. 

No.  188.     The  standing  committee  on  the  house  of  refuge  of  to  inspect  min- 
either  board  of  the   common  council  shall  have  authority,  at  all  refuge. 
times,   to  inspect  the  minutes   of  the  proceedings  of  the  board 
of  commissioners,  and  all  records  of  the  institution ;  and  it  shall 
be  the  duty  of  said  committees  to  visit  the  said  house  of  refuge 
at  least  once  every  month. 

City  Ordinance,  No,  1015.  Article  5. 


5. — COMMITTEES  ON  POLICE. 

No.  189.-    That  all  furnitiire,  fixtures,  stationery,  etc.,  bought  To  superintend 
by  the  police  department  of  the  city,  or  by  the  recorders  or  their 
clerks  shall  be  bought  by  order  and  under  the  supervision  of  the 
police  committees  of  the  common  council. 

City  Ordinance,  554. 


6.— ^COMMITTEES  ON  FIRES. 

No  190.  The  chairmen  of  the  fire  committees  of  the  common  to  supervise 
council  shall  have  general  supervision  over  the  fire  department  ^^^^  ™^"  * 
created  by  this  ordinance,  and  over  the  buildings  and  property  of 
the  city  entrusted  to  the  purchaser  of  the  contract  for  the  sup- 
port and  active  working  of  said  department,  and  shall,  from  time 
to  time,  report  to  said  council  upon  the  efficiency  or  inefficiency 
of  said  department,  and  upon  the  efficiency  or  inefficiency  of 
said  purchaser,  and  of  the  officers  and  men  connected  with  the 
same. 

City  Ordinance,  2492.    Article  42. 

See  "  Fire  Department."    No.  272,  etc.,  and  No.  314. 


/ . — COMMITTEES  GENERALLY. 

No.  191.      Whereas,  By   existing  ordinances  of  the  Munici- 
palities and  Lafayette,  several  of  the  committees  have  authority, 


50 


COMMON   COUNCIL. 


Power  of  commit- 
tees to  contract 
for  work,  etc. 


Eemoval  from 
office. 


independent  of  the  council,  to  order  and  contract  for  work 
involving  the  expenditure  of  money;  and  whereas,  the  18th 
section  of  the  act  of  consolidation  contemplates,  as  well  as  sound 
policy  dictates,  that  all  expenditures  should  be  kept  as  much  as 
possible  under  the  direct  control  of  the  council;  therefore, 

Be  it  Resolved,  That  all  ordinances,  or  parts  of  ordinances, 
conferring  on  any  committee  authority  to  order  or  contract  for 
work,  supplies,  or  anything  involving  the  expenditure  of  money, 
be,  and  the  same  are  hereby,  repealed. 

City  Ordinance,  No.  41.     See  No.  187. 

Duty  of  Secretary   of  Board  of  Aldermen  as  to  Committees,  see  "  Common 
Conncil,"  No.  194. 

ACTS  OF  THE  LEGISLATURE. 
Sec.  11.     That  no  committee  of  said  councils  shall. ever  be  vested 
with  power  to  appoint  to  office ;  and  no  officer  shall  be  removed  from 
office  unless  by  a  resolution  of  the  council. — Act  1850,  p.  131. 


COMMON  COUNCIL. 


Petitions  and 
■*laims. 


Pavement  peti- 
tions, etc. 


Secretary  of 
board  of  alder- 
men. 


No.  192.  No  consideration  or  notice  will  hereafter  be  taken  of 
any  petition  or  claim,  unless  the  same  be  accompanied  by  the 
evidence  or  the  names  and  residences  of  the  witnesses  to  establish 
the  claim,  complaint  or  grievance  to  the  attention  of  which  the 
common  council  may  be  called. 

City  Ordinance,  No.  1446. 

No.  193.  All  petitions  presented  to  this  common  council  in 
accordance  with  sectidhs  114,  120  and  121  of  the  city  charter, 
shall,  by  the  secretary  of  the  board  to  which  the  same  may  be 
presented,  be  sent  to  the  official  journal  for  publication,  in 
accordance  with  the  requirements  of  said  charter,  provided  that 
the  official  journal  sliall  make  said  publications  at  the  expense  of 
the  petitioners. 

City  Ordinance,  No.  2790. 

No.  194.  That  the  salary  of  the  secretary  of  the  board  of 
aldermen  be  increased  to  two  thousand  four  hundred  dollars  per 
year,  to  commence  from  the  first  day  of  May  1854,  and  the  said 
secretary,  in  addition  to  his  present  duties,  shall  be  required  to 
attend  the  sittings  of  the  different  committees  of  this  board,  to 
give  any  and  all  information  touching  the  transaction  of  this 
board  as  may  be  required  of  him. 

City  Ordinance,  No.  1623. 


COMMON  COUNCIL.  51 

No.  195.     From  and  after  the  first  day  of  May,  1854,  the  Secretary  of 

1  /.I  /.      1        1  ■■     /.         •  11  -11,   assistant  board  of 

salary  or  the  secretary  ot    the  board  of  assistant  aldermen  shall  aldermen, 
be  twenty-four  hundred  dollars  per  annum. 

City  Ordinance,  No.  1633. 

No.  196.     That  the .  salary  of  the  sergeant-at-arms   of   the  Sergeant-at-arms 
board  of  aldermen  be  fixed  at  one  hundred  dollars,  to  date  from  aldermen, 
the  16th  of  June,  1856. 

City  Ordinance,  No.  2855. 

For  "  Committees,"  see  p.  48,  and  see  "  New  Orleans,"  No.  488,  et  seq. 
See  "  Official  Paper,"  No.  562  And  564.  * 

ACTS  OF  THE  LEGISLATURE. 

Sec.  2.     That  the  city  of  New  Orleans  shall  be  divided  into  four  city  diyiled  into 
districts,  the  numbers  and  limits  of  which  shall  be  and  remain  as  at  ^^rds*^  ^^^ 
present  organized,  and  there  shall  be  eleven  representative  wards,  the 
numbers  and  limits  of  which  shall  be  and  remain  the  same  as  at  present 
organized. — Act  1866,  p.  137, 

Sec.  2.     That  the  city  of  New  Orleans  shall  be  divided  into  nine  its  division  into 
wards,  as  follows,  to  wit :  "^'^^  '"''^'' 

1.  The  first  ward  to  extend  from  the  line  of  the  parish  of  Jefferson,  First  ward, 
to  the  middle  of  Benjamin,  Estelle  and  Thalia  streets. 

2.  The  second  ward  to  extend  from  the  last  mentioned  limits  to  the  Second  ward, 
middle  of  Julia  street,  until  it  strikes  the  New  Orleans  canal,  thence 

down  the  middle  of  said  canal  to  Lake  Pontchartrain. 

3.  The  third  ward  lo  comprise  the  residue  of  the  Second  Municipality.  Third  ward. 

4.  The  fourth  ward  to  extend  from  the  middle  of  Canal  street  to  the  Fourth  ward, 
middle  of  St.  Louis  street,  until  it  reaches  the  Metairie  road,  thence 

along  the  middle  of  said  road  to  the  New  Orleans  canal. 

5.  The  fifth  ward  to  extend  from  the  last  mentioned  limits  to  the  Fifth  ward, 
middle  of  St,  Philip  street,  thence  down  said  street  until  its  intersection 

with  the  Bayou  St.  John,  thence  along  the  middle  of  said  bayou  until 
it  intersects  the  Metairie  road,  thence  along  the  middle  of  said  road 
until  it  reaches  St,  Louis  street. 

6.  The  sixth  ward  to  be    composed  of  the  residue  of  the  First  Sixth  ward. 
Municipality. 

7.  The  seventh  ward  to  extend  from  the  middle  of  Esplanade  street  Seventh  ward, 
to  the  middle  of  Champs  Elysees  street. 

8.  The  eighth  ward  to   extend  from  the  middle  of  Champs  Elysees  Eighth  ward, 
street  to  the  middle  of  Enghein  street  and  Lafayette  avenue. 

9.  The  ninth  ward  to  extend   from  the  middle  of  Enghein  street  to  Ninth  ward, 
the  lower  limits  of  the  parish  of  Orleans. — Act  1852,  p.  43. 

Sec.  2.  That  the  part  now  added  to  the  city  of  New  Orleans  shall  Lafayette  to  be 
constitute  the  Fourth  District  of  said  city,  and  be  entitled  to  elect  one  £/of^N^w  o'r- 
alderman ;  and  said  district  shall  be  divided  into  two  wards,  viz  :  leans,  with  one 

One  ward,  which  shall  be  the  tenth  ward  of  New  Orleans,  shall  extend  ded  into  two 
from  the  upper  line  of  the  parish  of  Orleans  to  the  middle  of  First  ""^^■'^8' 
street,  and  shall  elect  two  assistant  aldermen ;  and, 


52 


COMMON  COUNCIL. 


Second  ward.  Another  ward,  which  shall  comprise  the  remainder  of  the  present 

city  of  Lafayette,  shall  be  the  eleventh  ward  of  the  city  of  New  Orleans, 
and  shall  be  entitled  to  one  assistant  alderman ;  provided, ,  that  the 
Number  of  alder-  number  of  aldermen  and  assistant  aldermen  aforesaid,  shall  be  liable  to 
ant  aldermen. '  ^®  changed  at  each  appointment  made  by  the  common  council  of  New 
Orleans,  of  the  representation  of  the  several  districts  and  wards  of  said 
city. — Act  1852,  page  55. 


Board  of  alder- 
men and  asveist- 
ant  aldermen. 


Term  of  office  of 
aldermen. 
How  elected. 


Term  of  office  of 
assistant  alder- 
men. 


Division  of  alder- 
men into  classes, 
expiration  of  the 
term  of  each. 


livision  of  assist- 
ant aldermen  in- 
to classes,  expira- 
tion of  term  of 
each. 


Vacancy  in  office 
of  alderman  or 
assistant  alder- 
man provided 
for. 


Sec.  3.  That  the  legislative  power  of  the  city  of  New  Orleans  shall 
be  vested  in  a  board  of  aldermen  and  a  board  of  assistant  aldermen, 
who,  tog^her,  shall  form  the  common  council  of  the  city.  The  board 
of  aldermen  shall  consist  of  nine  members,  who  shall  hold  their  office 
for  two  years,  and  shall  be  elected  as  follows  :  three  by  the  first  district, 
two  by  the  second  district,  two  by  the  third  district,  two  by  the  fourth 
district.  The  board  of  assistant  aldermen  shall  consist  of  fifteen 
members,  who  shall  hold  their  office  for  two  years,  and  shall  be  elected 
as  follows :  six  by  the  first  district,  two  from  each  ward  in  said  district; 
four  by  the  second  district,  two  from  the  fourth  ward,  and  one  from 
each  of  the  other  wards  in  said  district ;  three  by  the  third  district, 
one  from  each  ward  in  said  district,  and  two  by  the  fourth  district,  one 
from  each  ward  in  said  district. 

Sec.  4.  That  at  the  first  sitting  of  the  common  council  in  1856,  the 
aldermen  shall  be  divided  by  lot  into  two  classes.  The  seats  of  the 
first  class  shall  be  vacated  at  the  end  of  one  year,  and  the  sfeats  of  the 
second  class  shall  be  vacated  at  the  end  of  two  years  ;  provided,  that 
one-half  of  the  aldermen  of  each  district  shall  constitute  the  first  class ; 
and  at  each  annual  election  after  tliat  of  1856,  a  sufficient  number  of 
aldermen  shall  be  elected  to  fill  the  places  of  those  going  out. 

Sec.  5  That  at  the  first  sitting  of  the  common  council  in  1856,  the 
assistant  aldermen  shall  be  divided  by  lot  into  two  classes.  The  seats 
of  the  first  class  shall  be  vacated  at  the  end  of  one  year,  and  the  seats  of 
the  second  class  shall  be^ vacated  at  the  end  of  two  years;  provided, 
that  seven  of  the  assistant  aldermen  shfcll  constitute  the  first  class ; 
and  at  each  annual  election  after  that  of  1856,  a  sufficient  number  of 
assistant  aldermen  shall  be  elected  to  fill  the  places  of  those  going  out. 
Act  1856,  page  137. 

For  "Qualification  of  Voters,"  see  Act  1856,  p.  138,  sec.  10. 
For  "Election  Precincts,"  see  Act  1856,  p.  138,  sec.  12. 

Sec.  16.  That  whenever  a  vacancy  shall  occur,  by  death  or  otherwise, 
in  the  office  of  alderman  or  assistant  alderman,  the  board  of  aldermen 
or  assistant  aldermen,  as  the  case  may  be,  shall,  as  soon  as  practicable, 
order  a  new  election  to  fill  the  vacancy  for  the  remainder  of  the  term. — 
Act  1856,  page  139. 


Organization  of        ^^^'  ^^-     ^^^^  *^^  members  of  the  boards  of  aldermen  and  assistant 

the  boards.  aldermen,  elected  on  the  first  Monday  in  June,  1856,  shall  meet  at  an 

hour  in  the  afternoon  of  the  third  Monday  in  June,  and  shall  organize 

in  separate  chambers.     Each  board  shall  appoint  a  president  of  its 


COMMON   COUNCIL. 


63 


own  body,  who  shall  serve  one  year  in  the  board  of  aldermen,  and  one  President  to  be 

year  in  the    board  of  assistant   aldermen;   shall  choose  its   clerks  and  ^o°rd"   ^^^^ 

other  officers;  be  judge  of  the  election  returns  and  qualifications  of  its  Duties  and 

own  members  ;  keep  a  journal  of  its  proceedings,  and  have  power   to  ^^'•'^^^^  ^ 

censure  a  member  for  disorderly  conduct,  and  to  expel  a  member  by  a  sion?f  me^mber's. 

vote  of  two-thirds  of  all  the  members  elected,  five  days'  notice  and  an 

opportunity  of  being  heard  in  his  defense  having  been  previously  given 

said  member  ;  but  no  member  shall  be  twice    expelled  for   the   same 

offense.     Each  board  shall  sit  with  open  doors,  except  when  the  public  Further  duties 

.-,,,,  ,      and  powers  of 

welfare  shall  require  secrecy ;   a  majority  oi  each  shall  be  a  quorum  to  the  boards. 

do  business,  but  a  smaller  number  may  adjourn  from  day    to   day,  and 

may  compel  the  attendance  of  absent  members  ;  and  the  yeas  and  nays 

shall  be  called   at   either  board   at  the  instance  of  any  one  member 

thereof. 

Sec.  19.     That  the  two  boards  of  common  council  shall  have  separate  Boards  to  meet 
chambers  for  meeting,  and  shall  always  act  as   separate  bodies,  but  jy 
may  appoint  joint  committees  to  report  upon  any  subject,  or  to  perform 
any  act  specially  designated  in  the  resolution  appointing  them.     Each  Powers  of  boards 
board   may  originate,   amend,   concur  in  or  reject  any    ordinance   or  inpassingresolu- 
resolution,   except  as  hereinafter    excepted  ;    but  no  ordinance  shall  nances, 
become  binding  or  take  effect  until  it  sliall  have  passed  both  boards,  and 
no  ordinance  ""evying'a  tax,  making  an  appropriation  exceeding  five  hun- 
dred dollars,  or  providing  for  the  purchase  or   sale    of  real  estate,  shall 
be  passed,  except  by  a  majority  of  the  members  elected  in  each  board  ; 
nor  shall  any  ordinance  or  resolution  which  shall  contemplate  a  specific 
work  or  improvement,  or  the  sale,  disposition  or  the    appropriation   of 
public  property,  or  the  expenditure  of  public  moneys,   or  the  income 
therefrom. 

Sec.    21.     That    no   member   of  the     common    council    shall    hold  Members  of  com- 
any  other  employment  or  office  under  the  government  of  New  Orleans  ™°"  "'""'^il  Pi<^- 

^  r-     »»  ^  D  Tented  from 

while  he  is  a  member  of  said  council;   and  no  member  of  the    common  holdiug  certain 

council,  or  any  officer  of  the  corporation,  shall  be,  directly  or  indirectly,  heing^'interested^ 

interested  in  any  work,  business  or  contract,  the   expense  or  price  or  ^^  principal  or 

•^  '  _  .  surety  in  certam 

consideration    of  which   is   paid   from   the    city    treasury,   or   by    an  contracts. 

assessment  levied  by  ah  ordinance  or  resolution  of  the  common  council; 

nor  be  the  surety  of  any  person  having  a  contract,  work  or  business 

with  said  city,  for  the  performance  of  which  security  may  be  required. 

Act  1856,  p.  140. 

For  "Impeachments,"  see  Act  1856,  p.  141,  sec.  22. 

Sec.  23.     That  upon  the  first  organization  of  the  common  council  of  powers  vested  in 
the  city  of  New  Orleans,  as  herein  provided,  the  city  of  New  Orleans,  common  council, 
as  establshed  by  this  act,  shall  be  vested  with   all   the  powers,  rights, 
privileges  and  immunities  incident   to  a    municipal   corporation    and 
necessary  for  the  proper  government  of  the  same. — Act  1856,  page  141. 

An  Act  to  limit  the  Indebtedness  of  the  city  of  New  Orleans. 
Section  1.     Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  Council  prohibit- 
ive State  of  Louisiana  in  General  Assembly  convened,     That  it  shall  not  ing  the  amount' 


54 


COMMON  COtJNCIIi. 


of  the  indebted- 
ness of  the  city. 


When  said  in- 
debtedness fhall 
be  reduced  to 
$12,000,000,  it 
shall  not  be  law- 
ful to  increase  it 
in  any  manner. 


Warrants  not  to 
be  issued  by 
Comptroller  un- 
less there  be 
funds  appropri- 
ated to  pay  the 
same. 


hereafter  be  lawful  for  the  council  of  the  city  of  New  Orleans  to 
authorize  any  increase  of  the  amount  of  the  present  indebtedness  of 
said  city. 

Sec.  2.  That  after  the  total  indebtedness  of  said  city  shall  have 
been  reduced,  under  the  operations  of  existing  laws,  to  the  amount  of 
twelve  millions  of  dollars,  it  shall  not  be  lawful  for  the  city  council  to 
authorize  any  increase  of  said  indebtedness,  beyond  the  sum  herein 
specified,  whether  the  said  debt  be  in  the  form  of  bonds,  loans,  contracts, 
or  engagements  under  any  ordinance,  resolution  or  other  acts. 

Sec.  3.  That  from  and  after  the  passage  of  this  act,  no  warrant  or 
order  on  the  treasury  of  said  city,  for  the  payment  of  money,  shall  be 
issued  by  the  comptroller  or  any  other  officer  of  the  city,  unless  there 
be,  at  the  date  of  such  warrant  or  order,  sufficient  funds  in  the 
treasury,  duly  appropriated  by  the  council  to  pay  the  same. — Act  1855, 
page  228. 


An  Act  to  define  the  Powers  of  the  corporation  of  the  city  of  New  Orleans. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Duty  of  mayor  the  State  of  Louisiana  in  General  Assembly  convened,  That  from  and  after 
01  y  counci .  ^j^^  passage  of  the  present  Act,  it  shall  be  incompetent  to  the  mayor 
and  city  council  of  the  city  of  New  Orleans,  or  to  either  of  the 
municipalities  of  said  city,  to  enact,  or  to  enforce  or  execute,  any  law, 
ordinance  or  regulation  now  enacted,  whereby  any  tax,  duty,  impost  or 
charge  of  any  nature  whatsoever  shall  be  or  is  imposed  upon  goods, 
produce,  Avares,  and  merchandise,  of  whatsoever  kind  or  nature,  landed 
in,  or  shipped  from,  the  corporate  limits  of  said  city. 

Sec.  2.  That  nothing  in  this  act  shall  be  so  construed  as  to  interfere 
with  any  inspection  or  health  laws  which  the  said  city  of  New  Orleans 
may  now,  by  law,  be  authorized  to  enact. — Act  1843,  p.  55. 

For  "  Specific  Powers  of  Common  Council,"  see  Act  1850,  p.  161.  sec.  19. 


Equal  and  uni- 
form tax, to  be 
levied  annually. 

Rate  of  taxation. 


Common  council 
to  divide  the  city 
into  assesisment 
districts;  district 
to  be  assigned  to 
each  assessor. 


Sec.  42.  That  the  common  council  of  the  city  of  New  Orleans  shall, 
for  the  purposes  of  this  act,  once,  and  not  oftener,  in  each  and  every 
year,  lay  an  equal  and  uniform  tax  upon  all  property,  real  and  personal, 
in  said  city  ;  but  said  tax,  added  to  the  consolidated  loan  tax,  and  to  the 
special  tax  for  payment  of  the  annual  interest  on  the  bonds  issued  by  the 
city  for  subscriptions  to  the  stocks  of  the  New  Orleans,  Opelousas  and 
Great  Western  Railroad  Company,  the  New  Orleans,  Jackson  and  Great 
Northern  Railroad  Company,  and  the  Pontchartrain  Railroad  Company, 
shall  not  in  the  aggregate  be  more  than  one  dollar  and  fifty  cents  on  one 
hundred  dollars  of  valuation,  except  in  case  of  invasion  or  insurrection  : 
Provided,  it  be  sufficient  to  pay  the  interest  on  the  consolidated  debts  and 
railroad  bonds  issued  by  the  city  of  New  Orleans. 

Sec.  45.  That  the  common  council  shall  divide  the  city  of  New 
Orleans  into  convenient  assessment  districts,  not  exceeding  the  number  of 
assessors  elected  ;  and  shall  assign  to  each  assessor  his  district. — Act  of 
1856,  p.  148. 


COMMON   COUNCtL.  55 

Sec.  124.     That  the  common  council  shall  once  in  every  twelve  months,  Detailed  estimate 
before  fixing  and  deciding  upon   the  amount  of  taxes  to  be  assessed  for  put™ed?  ^^ 
the  ensuing  year,  cause    to  be  made  out  a  detailed   estimate,  exhibiting 
tbe  various  items   of  liability   and  expenditure,    including  the  requisite 
amount  for  contingent  expenses,  during  said  year ;  and  shall  cause  the 
same  to  be  published,  for  at  least  ten  days,   in  the  official  journal  of  the 
city ;  and  such  rate  of  taxation,  not  exceeding  one  dollar  and  fifty  cents 
on  one  hundred  dollars  of  valuation,  shall  thereafter  be  fixed  and  assessed 
as,  together  with  other  revenues  of  the    city,  may  be  necessary  to  meet  Adoption  of  said 
said  estimated  liabilities  and  expenditures.     The  adoption  of  said  detailed  ^^.^^  ^^  ^^  appro- 
estimate  shall  be  considered   as  the  appropriation  of  the  amount  therein  prlation. 
stated  for  the  purposes   therein  stated ;  and  no  money  shall  be  drawn  drawn°rom°city 

from  the  city  treasury,  except  the  same  shall  have  been  previously  appro-  treasury,  unless 
*'  ^  J  r-  r  ^     i  X  previous  appro- 

priated for  the  purpose  for  which  it  was  drawn.  priation  has  been 

made. 
Sec.  125.     That  the  common  council  shall  organize  the  departments  of  Organization  of 
comptroller,  treasurer,  surveyor,  street  commissioner  and  city  attorney,  partmentsby  tbe 
regulate  the  number  of  clerks  and  other  officers  to  be  employed  by  each  common  council, 
department,  and  fix  the  salaries  of  such  clerks  and  officers  ;  said  clerks  and 
officers  shall  be  appointed  by  said  comptroller,  treasurer,  surveyor,  street 
commissioner  and  city  attorney,  respectively,  by  and  with  the  advice  and 
consent  of  the  board  of  aldermen  ;  but  said  clerks   and  officers  may  be  Officers  may  be 
discharged  by  said  comptroller,  treasurer,  surveyor,  street  commissioner,  comptroller,  ^tc 
or  city  attorney,  respectively,  at  pleasure;  and  in  case  of  the   discharge 
of  any  clerk   or  officer  by  said   comptroller,    treasurer,   surveyor,  street 
commissioner,     city    attorney,    the    fact    of    said  discharge    shall    be 
communicated  to  the  board  of  aldermen  at  its  first  meeting  thereafter, 
together  with  the  cause  thereof. 

Sec.  126.     That  the  common  council  shall  fix  the  compensation  of  the  Compensation  of 
services  of  every  officer  of  the  city  or  of  the  State,   whose  said  services  ^ffi<^"s,  how 
are,  by  law,  to  be  paid  by  the  city  of  New  Orleans. 

Sec.   127.     That  it  shall  not  be  lawful   for    the    common  council  to  Salary  or  com- 
increase  the  salary  or    compensation  of  any  officer,  during  the   term  for  SelncSod?*  *° 
which  said  officer  has  been  elected  ;  nor  permit  the  compensation  of  any 
salaried  officer  to   be  increased  by  allowing  him  any  fees  for  the  perform- 
ance of  any  duty  imposed  on  him  by  this  act,  or  by  said  common  council. 

Sec.  128.     That  in  addition  to    the  power  of  removal  by  way  of  Power  of  re- 
impeachment,  the  common  council  shall  have  power  to  remove,  at   any  ™°^'''- 
time,  from  office,  any  officer  of  the  corporation,  elected  by  said  council, 
by  resolution  declaratory  of  its  want  of  confidence  in  said  officer;  provided, 
that  two-thirds  of  the  members   elected  to  each  board   of  said   council 
shall  vote  in  favor  of  said  resolution. 

Sec.  132.     That  the  common  council  of  New  Orleans  shall  have  power  Bond  and  securi- 
to  require  bond  and  security  from  all  persons  holding  any  office  of  trust  ed  by^offi^^ers!^'^' 
or  emolument  in  the  city  administration,    for  such  sum  as  it  may  deem 
proper. — Act  1856,  p.  165. 


56  COMPTROLLER. 

» 

And  see  in  General,  Act  1836,  p.  28. 

"  Act  1850,  p.  129  and  p.  156. 

Act  1852,  p,  42  and  p.  55. 
Act  1853,  p.  99. 
"  Act  1855,  p.  12  and  325. 

Act  1856,  p.  68,  109,  and  136. 
For  Decisions  of  Supreme  Court  relative  to  the  Powers,  Duties,  etc., 
of  the  Common  Council,  see  "  New  Orleans." 


COMPTROLLER. 


To  control  fiscal  No.  197.  (1.)  The  comptroller  shall  have  a  general  superin- 
tendence of  the  fiscal  affairs  of  the  city  corporation,  and  shall 
manage  the  same  in  the  manner  required  by  the  city  charter,  by 
the  laws  of  the  State,  and  by  the  ordinances  and  resolutions  of 
the  common  council  not  inconsistent  with  this  ordinance. 

To  prescribe  No.  198.     (2.)  He,  together  with  the  chairmen  of  the  finance 

books.^  ^^^^°^  committees  of  the  common  council,  shall  prescribe  the  mode  and 
•  '  form  of  keeping  the  corporation  books  and  accounts  in  every 
department  entrusted  with  the  receipt  and  expenditure  of  money, 
and  the  mode  and  form  of  the  rolls  to  be  used  by  the  board  of 
assessors  in  the  assessment  of  the  valuation  of  property  for  the 
purpose  of  taxation,  except  as  it  is  provided  in  the  city  charter, 
approved  March  12,  1856 ;  and  said  books  and  accounts,  and 
rolls  and  books  kept  by  the  board  of  assessors  and  board  of 
supervisors  shall  be,  at  all  times,  subject  to  the  inspection  of  the 
comptroller,  the  treasurer  and  chairmen  of  the  finance  committees 
of  the  common  council  and  members  of  the  common  council. 

His  books  and  No.  199.     (3.)  He  shall  cause   to  be  kept  a  full  and  regular 

set  of  books  in  detail,  by  double  entry,  of  the  fiscal  operations  of 
the  corporation,  in  which  shall  be  opened  and  kept  as  many 
accounts  under  appropriate  titles,  as  may  be  necessary  to  show, 
distinctly  and  separately,  all  the  receipts  and  expenditures  of  the 
corporation,  all  the  debts  due  to  it  from  others,  each  separate  lot  of 
♦real  estate  owned  by  it,  and  all  the  assets  of  the  corporation  of 
whatever  kind.  Said  accounts  shall  be  kept  so  as  to  show  the 
amount  raised  from  each  source  of  revenue,  and  for  each  district 
of  the  city,  as  near  as  practicable,  and  the  amount  of  Expendi- 
tures classified  by  reference  to  the  departments  in  which  they 
originated ;  and  when  for  improvements,  classified  by  the  several 
districts  of  the  city  in  which  made.         ^ 


accounts. 


COMt>TftOLLEE.  »  67 

No.  200.  (4.)  He  shall  examine^  audit  and  settle  all  claims  Claims, 
or  demands  for  or  against  the  corporation,  for  which  provisions 
have  been  made ;  and  when  no  provision  has  been  made,  shall 
examine  such  claims  or  demands  and  report  to  the  council  the 
facts,  with  his  opinion  thereon ;  and  all  accounts  or  bills  for  the 
collection  of  the  revenue  shall  originate  in  his  office. 

S:e  "Claims,"  p.  43. 

No.  201.     (5.)  He  shall   sign  and  approve  all  orders  or  other  to  approve 

,  .    ,  ,  ,  ,  orders,  etc.,  and 

documents  which  may  be  necessary  to  enable  any  person   to  pay  to  issue  licensed. 

money  into  the  treasury ;  shall  issue  all  licenses  which  the   city 

ordinances  may  require  to  be  taken  out  by  persons  liable  to  be 

taxed  therefor )  and  shall  in  each   year,  as  soon  as  the  rate  of 

taxes  for  licenses  may  be  fixed,  deliver  to  the  treasurer  as  many 

licenses,  with  the  name  of  the  person  licensed  in  blank,  with  his, 

said  comptroller's  signature,  as  may  be  required,  and  shall  take 

said  treasurer's  receipt  therefor,  specifying  the  aggregate  amount 

of  each  class  ;  and  said  treasurer  shall  exhibit  from  time*to  time, 

and  at  the  end  of  the  year  return  to   the  comptroller,   cancelled, 

all  such  as  may  not  have  been  disposed  of,  and  credited  by  him 

in  his  account  of  receipts. 

No.  202.  He  shall  in  each  year,  as  soon  as  the  rate  of  taxes  Tax  receipts. 
on  property  may  be  fixed,  cause  to  be  prepared  the  tax  receipts, 
and  at  or  before  the  time  fixed  for  the  payment  of  said  taxes, 
deliver  the  same  to  the  said  treasurer,  who  shall  give  his  receipt 
therefor,  specifying  the  aggregate  amount  thereof;  and  said 
treasurer  shall  from  time  to  time  exhibit  to  the  comptroller  all 
such  as  may  not  have  been  paid  and  credited  in  his  accounts  of 
receipts;  and  at  the  end  of  the  period  fixed  by  law  for  the 
payment  of  taxes  by  the  tax  payers  into  the  treasury,  said  comp- 
troller shall  verify  the  said  treasurer's  receipt  for  tax  bills  with 
his  account  of  receipts  thereof,  and  the  receipts  of  the  city 
attorney  or  assistant  city  attorney  for  such  as  may  have  been 
delivered  to  him  for  collection,  and  debit  the  said  treasurer  with 
the  deficiency,  if  any. 

No.   203.     He  shall  keep  a  separate  book  in  which  he  shall  Bills  for  assistant 
charge  the  assistant  city  attorney  with  all  bills,  accounts  and  suits  ^^^^    ^^^^' 
put  into  said  attorney's  hands  for  collection,  and  credit  him  with 
all  amounts  paid  into  the  city  treasury,  so  as  to  show  at  all  times 
the  amount  of  his  liabilities. 

No.  204.     (6.)  He  shall   draw  and   sign  all  warrants  on  the  warrants  on  the 
treasurer  for  moneys  which  may  be  authorized  to  be  drawn  from  *'^^»^"^y- 
8 


58  ^  COMPTROLLER. 

the  treasury^  under  any  appropriation  made  by  the  common 
council ;  but  he  shall  not  warrant  upon  the  treasurer  for  the 
payment  of  any  bill,  requisition,  claim,  pay-roll  or  demand  of  any 
nature  whatsoever,  whether  the  same  arise  out  of  contract  or 
otherwise,  except  said  bill,  requisition,  claim,  pay-roll  or  demand 
is  presented  to  said  comptroller,  with  the  signatures  of  the 
chairmen  of  the  finance  committees  of  the  common  council 
endorsed  thereupon  in  approval  of  the  same.  And  said  comp- 
troller shall  retain  in  his  hands,  as  his  vouchers,  all  bills, 
requisitions,  pay-rolls  and  other  evidences,  of  claims  and  demand 
so  warranted  for  by  him,  and  shall  register  the  same  in  regular 
order  in  a  book  kept  for  that  purpose ;  but  where  a  third  party 
is  liable  to  the  city  for  payment  or  reimbursement,  in  whole  or  in 
part  of  any  claim  or  demand  so  warranted  for  by  said  comptroller, 
said  comptroller  shall  place  said  claim  or  demand  in  the  hands  of 
the  city  attorney  for  collection,  taking  his  receipt  therefor.  And 
no  warrant  of  payment  shall  be  drawn  by  the  comptroller  in  any 
case,  unless  the  sum  specified  therein  is  covered  by  an  lappropria- 
tion  previously  made  for  that  purpose  by  the  common  council. 
Nor  shall  the  treasurer  pay  the  same  unless  the  resolution  or 
ordinances  making  the  said  appropriation  be  distinctly  cited  in  said 
warrant. 
Semi-annual  No.  205.     (7.)  He  shall,  in  the  months  of  January  and  July 

of  each  year,  lay  before  the  common  council,  in  tabular  form,  a 
report  of  the  expenditures  and  receipts,  during  the  past  six  months, 
giving  not  only  the  various  items  of  said  expenditures  and 
receipts,  but  a  full  detail  of  the  names  of  all  persons  to  whom 
money  has  been  paid,  or  notes  or  bonds  issued,  the  amount  thereof, 
the  number  of  the  warrant  and  the  date  of  the  resolution  or 
ordinance  authorizing  the  expenditure.  The  report  shall  also 
embrace  a  statement  of  the  indebtedness  of  the  city,  showing  in 
detail  all  outstanding  obligations,  their  date,  amount,  to  whom 
and  for  what  issued,  when  due,  and  under  what  resolutions  or 
ordinance  authorizing  the  expenditure.  The  report  shall  also 
embrace  a  statement  of  the  indebtedness  of  the  city,  showing  in 
detail  all  outstanding  obligations,  their  date,  amount,  to  whom  and 
for  what  issued,  when  due,  and  under  what  resolutions  or  ordinan- 
ces authorized.  It  shall  also  contain  estimates  to  be  made  by  the 
street  commissioner,  surveyor,  and  chairmen  of  the  finance  com- 
mittees of  the  common  council,  of  the  receipts  and  expenditures 
for  the  current  six  months ;  also,  a  tabular  statement  showing 
separately  the  whole  amount  of  each   appropriation  of  money, 


report. 


COMPTROLLER.  *"  59 

the  amount  paid  under  the  same,  and  the  balance,  if  any ;  also, 
a  statement  of  all  officers  of  the  city  charged  with  the  receipt  or 
disbursing  the  public  money,  who  may  have  failed  to  settle  their 
accounts  or  to  pay  over  to  the  treasurer  the  amount  due  by  them, 
at  the  time  required  by  law  or  ordinance,  with  all  particulars 
connected  therewith ;  and  also  such  suggestions  as  he  may  deem 
expedient  for  the  support  of  the  city's  credit,  lessening  expenses 
of  the  city  government,  and  generally  all  such  matter  in  connec- 
tion with  the  fiscal  affairs  of  the  city  as  the  comptroller  may 
consider  of  public  interest. 

Said  report,  in  a  condensed  form,  shall  he  published  in  book 
form,   the  number  of  copies  to  be  fixed  by  the  common  council. 

No.  206.  (8.)  He  shall  offer  at  public  auction,  or  otherwise  Sale  cf  contracts, 
as  the  common  council  may  direct,  and  adjudicate  to,  or  accept 
the  sealed  proposals  or  bids,  of  the  lowest  bidder  who  can  furnish 
security  satisfactory  to  the  council,  all  contracts  for  public  works, 
materials  or  supplies  ordered  by  the  common  council ;  and  shall 
adjudicate  to  the  highest  bidder  all  leases  or  farming  of  markets, 
ferries  or  grants,  or  leases  of  other  privileges  which  may  be  sold 
by  the  council,  and  report  said  adjudication  and  the  security 
offered  to  the  common  council  at  their  next  regular  meeting 
thereafter.  The  said  council  may  reject  any  bid  at  their  discretion, 
and  a  failure  to  approve  within  sixty  days  of  the  adjudication 
shall  be  a  rejection  of  a  bid. 

No.  207.  (9.)  He  shall  report  to  the  common  council  Defalcations  and 
immediately  any  default  or  delinquency  in  any  officer  of  the  city  mentl 
charged  with  the  receipt,  custody  or  disbursement  of  public 
moneys ;  shall  require,  from  every  officer  of  the  city  charged 
with  the  receipts  of  public  moneys,  a  settlement  of  his  accounts 
at,  or  within,  the  period  fixed  for  such  settlements  ;  and  in  cases 
where  no  period  is  fixed  for  settlements,  then,  every  week,  and 
shall  require  the  payment  into  the  treasury  forthwith  of  any 
sum  due  by  such  officer. 

No.  208.  He  shall  report  to  the  common  council,  in  the  Report  of  all 
month  of  April,  of  each  year,  a  statement  of  all  contracts  made, 
or  directed,  or  authorized  by  the  corporation,  classifying  each, 
and  not  performed  or  completed,  and  upon  which  any  money  remains 
unpaid,  with  the  amount  so  unpaid  on  each  :  Provided,  he  be 
authorized  to  require  from  the  street  commissioner,  the  surveyor, 
or  any  other  officer  in  whose  department  such  contracts  are  being- 
executed,  such  information  as  the  said  comptroller  may  need  to 
enable  him  to  fulfill  the  duty  imposed  upon  him  by  the  present 
article. 


60 


COMPTROLLER. 


Orders  for  sta* 
tionery,  etc. 


Appropriations. 


Debts  due  the 
city. 


Conditions  of 
contracts. 


No.  209.  He  shall,  on  requisitions  of  the  several  heads  of 
departments,  wharfingers,  recorders  and  officers  of  the  city  duly 
authorized  thereto,  issue  orders  for  coal,  stationery,  oils,  etc., 
required  by  them  in  the  discharge  of  their  duties;  but  said 
orders  shall  be  null  and  void  unless  duly  approved  and  signed  by 
either  of  the  chairmen  of  the  finance  committees  of  the  common 
council;  and  no  debt  contracted  by  any  officer  or  officers  of  the 
city  shall  be  recognized  unless  upon  such  requisition  approved  as 
aforesaid. 

No.  210.  (10.)  He  shall  report  forthwith  to  the  council 
every  case  in  which  an  appropriation  is  exhausted,  the  object  of 
which  is  not  completed,  with  a  statement  of  the  moneys  drawn, 
the  particular  purpose  for  which  they  were  drawn,  the  cause  of 
the  deficiency,  and  an  estimate  of  the  amount  necessary  to 
complete  the  object  of  the  appropriation. 

No.  211.  (11-)  He  shall  direct  legal  proceedings  to  betaken 
for  the  recovery  of  every  debt  of  every  nature  whatsoever  due  to 
the  corporation,  immediately  upon  the  maturity  of  said  debt, 
except  when  otherwise  provided  for;  he  shall  report  quarterly  to 
the  council  a  detailed  statement  of  all  debts  due  to  the  corporation, 
with  all  particulars  connected  therewith  ;  he  shall,  whenever  by 
law  or  ordinance  the  corporation  may  be  entitled  to  any  lien 
or  privilege  upon  property,  immediately  upon  the  accruing  of 
said  privilege,  cause  the  same  to  be  recorded  in  the  mortgage 
office  of  said  parish ;  and  he  shall,  from  time  to  time,  cause  to 
be  re-inscribed  within  the  time  to  preserve  the  original  lien,  all 
judgments,  mortgages  for  capital  of  ground  rent,  or  other  privileges 
to  which  the  corporation  may  be  entitled;  and  cause  all  judgments 
in  favor  of  the  city  to  be  revived  before  the  expiration  of  ten 
years. 

No.  212.  (12.)  Inallcontractsadjudicatedbythe  comptroller,  one 
of  the  conditions  shall  be  (to  be  stated  by  him  at  the  time  of  the 
adjudiciition,  and  inserted  in  the  specifications,  if  any  be  published) 
that  in  case  of  failure  by  the  contractor  to  begin  or  finish  the 
work  within  the  period  fixed,  or  in  case  the  council  be  dissatisfied 
with  the  manner  in  which  the  work  is  being  executed,  the  council 
shall  have  the  right  to  annul  the  said  contract  without  putting 
the  contractor  in  default,  and  without  applying  to  a  court  of 
justice  to  annul  the  same,  and  without  indemnity ;  and  also  that 
in  case  the  contractor  shall  at  any  time  abandon  any  work  or 
undertaking,  or  not  finish  and  complete  the  same  in  conformity 
with  his  contract,  such  contractor  shall  forfeit  all  claim  he  may 


COMPTROLLER.  *  61 

have  for  any  work  or  undertaking  done  by  him  up  to  the  date  of 
such  abandonment,  and  such  sum  as  may  have  been  deposited  in 
the  treasury  by  such  contractor,  and  the  city  shall  be  hereby 
discharged  and  released  from  any  and  all  liability  therefor;  and 
that  in  case  such  work  or  undertaking  be  re-sold,  the  contractor 
and  his  surety  or  securities  shall  be  held  and  bound  in  solido  to 
pay  unto  the  city  all  such  loss  or  difference  between  the  price  at 
which  such  contractor  originally  contracted  to  perform  the  work 
or  undertaking,  and  the  price  at  which  it  may  be  adjudicated  at 
a  re-sale  or  re-adjudication  ;  and  in  all  cases  of  contracts  in  which 
the  proprietors  of  property  to  be  benej&tted,  or  others  may  be 
liable  by  laws  or  ordinances  for  the  whole  or  a  portion  of  the 
cost,  one  of  the  conditions  of  the  adjudication  shall  be  that  the 
contractor  shall  abandon  all  claim  on  the  city  for  the  proportion 
payable  by  the  said  property  holder,  or  other  person  ]  and  that 
the  city  will  subrogate  the  contractor  to  all  its  rights  and  privileges 
against  the  said  property  holder,  or  other  person. 

No.  213.     (13.)  He  shall,  at  the  end  of  each  quarter,  compare  Treasurer's  re- 

1  •  1  -I      1       ports  and  ac- 

the  quarterly   report    oi   the    treasurer  to  the  council,    and  the  counts, 
voucher  relating  to    the  same,    with  the   books  of    the    office, 
and  shall  report  to  the    council,  quarterly,  a  detailed  statement 
of  the   receipts  and    expenditures  of  the  quarter,   verified  by  a 
comparison  of  his  and  the  treasurer's  accounts. 

No.  214.  (14.)  He  shall,  when  satisfied  that  errors  have  been  Errors  in  afsess- 
committed  in  the  assessment  of  taxes,  or  in  the  bills  for  taxes  or  '°'^°^*'- 
other  branches  of  revenue,  or  where  several  portions  of  property 
belonging  to  different  persons  have  been  assessed  in  one 
parcel,  or  when  property  has  been  omitted  to  be  assesessed,  report 
the  same  to  the  council,  and  make  such  alteration  or  additional 
assessment  as  may  be  just. 

No.  215.  (15.)  He  shall  from  time  to  time  inspect  the  lists  Treasurer's  list 
prepared  by  the  treasurer,  of  persons  liable  to  tax  for  license ;  sons'.^tcl*^  ^^"^ 
and  shall  verify  the  same  by  a  comparison  of  the  assessnient  for 
the  like  object  of  the  State  assessors,  and  by  the  receipts  of 
other  years,  and  by  any  other  means  in  his  power,  and  shall 
report  to  the  council  from  time  to  time  the  plans  for  the  more 
effectual  collection  of  the  license  taxes  and  all  others. 

No.  216.     (16.)  He  shall  require  that  all  bonds  to  be  given  Bonds  of  officers, 
by  officers  of  the  city  for  the  faithful  performance  of  their  duties, 
shall  be  executed  before  him.     • 

gee  No.  73. 


62 


To  sign  certain 
bonds. 


His  deputies. 


Archives. 


His  bond,  etc. 


Repealing  clause, 


COMPTROLLER. 

No.  217.  (17.)  He  shall  sign,  with  the  mayor  and  treasurer, 
all  b.onds  issued  by  the  commissioners  of  the  consolidated  debt 
of  the  city ;  and  shall,  in  addition  to  the  duties  enumerated, 
perform  such  others  as  the  council  may  prescribe. 

No.  218.  (18.)  By  and  with  the  advice  and  consent  of  the 
board  of  aldermen,  the  comptroller  shall  appoint  the  following 
officers,  to  be  employed  by  him  by  the  year,  viz  : 

A  deputy  comptroller,  whose  duty  shall  be  to  aid  and  assist  the 
comptroller  in  the  performance  of  all  the  duties  imposed  upon 
the  latter,  and  to  act  and  sign  in  his  place  in  case  of  absence  or 
sickness ;  for  whose  official  acts  said  comptroller  and  his  sureties 
shall  be  responsible. 

A  book-keeper,  an  assistant  book-keeper,  and  a  clerk. 
The  salaries  of  those  officers  shall  be  as  follows,  to  wit : 

Deputy  comptroller $1 800 

Book-keeper 1500 

Assistant  book-keeper 1500 

Clerk 1?00 

And  paid  monthly  by  the  treasurer,  and  when  the  time  for 
preparing  the  tax  bills  shall  arrive,  every  year,  the  comptroller 
shall  be  allowed  such  a  number  of  extra  clerks,  and  for  such  a 
length  of  time,  as  the  chairmen  of  the  finance  committees  may 
think  proper;  the  salaries  of  these  extra  clerks  to  be  fixed  by 
the  chairmen  of  the  finance  committees  and  the  comptroller,  and 
paid  as  provided  for  by  the  said  officers.  • 

No.  219.  (19.)  The  comptroller  shall  keep  in  his  office  all 
titles,  deeds,  contracts,  official  bonds  and  evidences  of  debt, 
belonging  to  the  city,  except  such  as  may  be  directed  by  him  to 
be  kept  elsewhere. 

See  No.  1. 

No.  220.  (20.)  He  shall,  previous  to  entering  on  the 
discharge  of  the  duties  of  his  office,  execute  his  bond  before  the 
mayor  in  favor  of  the  city,  in  the  sum  of  twenty  thousand  dollars, 
with  two  or  more  good  and  sufficient  securities,  in  solido,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  office, 
and  for  that  of  his  deputies,  for  whose  acts  he  shall  be  liable,  and 
also  for  the  transferring  to  his  successor  all  the  books  and  papers 
of  his  office  )  and  the  council  may  require  new  and  additional 
security  whenever  it  may  deem  that  given  insufficient. 

No.  221.  (21.)  All  resolutions  or  ordinances  contrary  to  the 
provisions  of  the  present  ordinance  are  hereby  repealed. 


COMPtfeOtitEA.  63 

No.  222.     (22.)  This  ordinance  shall  go  into   ejBTect  and  be  when  to  go  into 
in  full  force  from  and  after  its  passage. 

City  ordinance,  No.  3017 .    Approved  August  25, 1856. 

No.  223.     That  the  comptroller   be  requested  to  keep  a  book,  His  books. 
on  the    credit  side  of  which   shall   be  entered  all  ordinances  or 
resolutions  authorizing  the  payment  of  money;  and  on  the  debit 
side  all  payments  made  in  pursuance  of  them. 

Ordinance  No.  2588. 

No.  224.     From   and  after  the  passage  of  this  resolution,  all  Specifications. 
specifications  for  public  works  shall  be  approved  by  the  committee 
on  streets  and  landings   before   being   published,    and  that  the 
comptroller  be  and  he  is  hereby  directed  not  to  sell  any  contriy^t 
until  the  specification  be  prepared. 

Ordinance,  No.  2176. 

No.  226.  From  and  after  the  passage  of  this  resolution,  it  to  re-seii  certain 
shall  be  the  duty  of  the  city  notary,  upon  the  promulgation 
of  all  resolutions  approving  the  adjudications  of  contracts,  to 
notify  the  parties  thereof,  through  the  post-office,  and,  if  within 
ten  days  thereafter  the  contractors  and  securities  have  not 
signed  their  contracts,  it  shall  become  his  duty  to  inform  the  city 
comptroller  thereof,  and  said  comptroller  shall,  after  five  days 
notice  in  the  official  journal,  proceed  immediately  to  a  new  sale, 
the  amount  deposited  by  the  previous  contractor  being  forfeited 
in  favor  of  the  city. 

City  Ordinance,  No.  1696. 

No.  226.  From  and  after  the  passage  of  this  resolution,  it  checks. 
shall  be  the  duty  of  the  treasurer  of  the  city  of  New  Orleans,  in 
drawing  checks  as  treasurer  of  said  city,  to  draw  the  same 
payable  to  the  order  of  the  comptroller  of  the  city,  which  checks 
shall  also  be  countersigned  by  the  comptroller  and  registered  by 
him  in  a  book  especially  set  apart  for  that  purpose. 

The   comptroller  of   the   city  of   New   Orleans   shall   render  weekly  reports, 
weekly  to  the  common  council  a  detailed  statement,  showing  for 
what  purposes  said  checks  were  drawn. 

City  Or  li nance,  No.  2634. 

No.  227.     That  the   comptroller  be,  and  he  is  hereby  author-  Redemption  of 
ized  to  comptrol  all  checks  issued  by  the   treasurer,  having  for  "'^  ^^' 
their  object   the  redemption   of  notes  upon   which  the  city  may 
be  liable  as    endorser,    and  which   may  have  been  protested   for 
non-payment. 

City  Ordinance,  No.  2954. 


64 


COMPTROLLER. 


Debts  of  late 
munioipalities, 


To  collect  city 
rents,  etc. 


Amending 

No.  229. 


Duties  and 
powers  of  Comp- 
troller. 


No.  228.  From  and  after  the  passage  of  this  resolution  tlie 
comptroller,  in  comptrolling  bills  for  work  contracted  for  by 
either  of  the  late  Municipalities  or  the  city  of  Lafayette,  and 
payable  in  bonds  or  notes  bearing  interest,  may  issue  cash 
warrants  on  the  treasurer  for  the  same. 

City  Ordinance,  No.  311. 

No.  229.  It  shall  be  the  duty  of  the  street  commissioner  to 
make  a  list  of  all  the  improved  property  of  the  city  subject  to 
rent,  and  to  rent  and  collect  all  rents  and  dues  for  the  same,  and 
pay  the  amounts  collected  to  the  city  treasury,  making  a  monthly 
report  of  the  same  to  the  finance  committees. 

City  Ordinance,  No.  1893.    Amended  by  No.  230. 

No.  230.  That  resolution  No.  1893,  approved  December  8th, 
1854,  be  so  amended  as  to  substitute  the  words  "  city  comptroller'^ 
in  place  of  the  words  "  street  commissioner." 

City  Ordinance,  3040.  See  No.  490. 

To  "  register  certain  Certificates,"  see  No.  159  .  , 

Duty  relative  to  "  Fiscal  Agency,"  see  No.  333. 

Duty  as  to  "  Printed  Forms,"  etc.,  see  Nos.  568  and  571. 

ACTS    OF    THE    LEGISLATURE. 

For  his  election  see  Act  1856,  p.  138,  sec.  8,  (placed  under  title  of 
«'  Officers.") 

Sec.  30.  That  the  comptroller  shall  have  a  general  superintendence 
of  the  fiscal  affairs  of  the  corporation.  He,  together  with  the  chairmen 
of  the  finance  committees  of  the  common  council,  shall  prescribe  the 
mode  and  form  of  keeping  the  corporation  books  and  accounts  in  every 
department  entrusted  with  the  receipt  and  expenditure  of  money,  and 
the  mode  and  form  of  the  rolls,  except  as  hereinafter  provided,  to  be 
used  by  the  board  of  assessors,  in  the  assessment  of  the  valuation  of 
property  for  the  purpose  of  taxation  ,  and  said  books,  and  accounts  and 
rolls,  and  books  kept  by  the  board  of  assessors  and  board  of  supervisors, 
shall  be,  at  all  times,  subject  to  the  inspection  of  the  comptroller,  the 
treasurer,  and  chairmen  of  the  finance  committees  of  the  common  coun- 
cil. The  comptroller  shall  examine  and  audit  all  claims  and  demands 
against,  or  in  favor  of  the  corporation  ;  and  all  accounts  for  the  collection 
of  the  revenue  shall  originate  in  his  office.  No  money  shall  be  received 
by  the  treasurer  or  any  other  officer,  from  any  source  whatever,  except 
on  a  written  order,  receipt,  or  other  document,  signed  by  the  comptroller; 
and  no  money  shall  be  paid  out  of  the  treasury,  unless  authorized  by  an 
ordinance  or  resolution  of  the  common  council,  and  on  a  warrant  signed 
by  the  comptroller.  All  accounts  or  bills  for  the  collection  of  revenue, 
shall  be  divided  into  classes,  corresponding  with  the  different  sources  from 
which  said  revenue  is  drawn ;  and  the  accounts  or  bills,  of  each  class, 
shall  be  numbered  from  one  upwards ;  and  said  account  or  bill,  when 
delivered  to  the  treasurer,  shall  be  charged  to  said  treasurer  on  the  books 


1 


[ 


COMPTROLLER.  65 

of  the  comptroller,  as  cash  received  by  said  treasurer,  to  be  accounted 
for  by  him.  Tbe  comptroller  shall  not  warrant  upon  the  treasurer  for  the 
payment  of  any  bill,  requisition,  claim,  pay-roll,  or  demand  of  any  nature  ♦ 

whatscfever,  whether  the  same  arise  out  of  contract  or  otherwise,  except 
said  bill,   requisition,  claim,   pay-roll  or  demand,  is  presented  to  said 
comptroller  with  the  signatures  of  the  chairmen  of  the  finance  committees 
of  the  common  council  endorsed  thereupon,  in   approval  of  the  same  ; 
and  said  comptroller  shall  retain  in  his  hands,  as  his   vouchers,  all  bills, 
requisitions,  pay-rolls  and  other  evidences  of  claims  and  demands    so 
warranted  for  by  him,  and  shall  register  the  same  in  regular  order  in  a 
book  kept  for  that  purpose ;  but  where  a  third  party  is   liable  to  the  city 
for  payment  or  reimbursement,  in  whole  or  in  part,    of  any  claim    or 
demand  so  warranted  for  by   said  comptroller,    said    comptroller  shall 
place  said  claim,  or  demand,  in  the  hands  of  the  city  attorney  for  collec- 
tion, taking  his   receipt  therefor.     The  comptroller  shall  keep  a  full  set 
of  books,  in  which   all  the  fiscal   operations  of  the  corporation  shall  be 
recorded.     He  shall,  in  the  months  of  January  and  July,    of  each  year, 
lay  before  the  common  council  a  report  of  the  receipts  and  expenditures 
during   the  past  six  months,    giving,   not  only  the  various  items   of  said 
receipts  and  expenditures,  but  a  full  detail  of  the  names  of  all  persons  to 
whom  money  has  been  paid,  or  notes  or  bonds  issued,  the  amount  thereof, 
the  number  of  the   warrant  and  the  date  of  the  resolution  or  ordinance 
authorizing  the  expenditure.     The  report  shall  also  embrace  a  statement 
of  the  indebtedness  of  the  city,  showing  in  detail  all   out- standing  obli- 
gations, their  date,  amount,  to   whom   and  for  what  issued,   when  due, 
and  under  what  resolutions  or  ordinances  authorized.     It  shall  also  con- 
tain  estimates,  to  be  made  by  the  street   commissioner,  surveyor,  and 
chairmen  of  the  finance  committees  of   the  common   council,    of    the 
receipts  and  expenditures  for  the  current  six  months.     Said  report,  in  a 
condensed  form,  shall  be  published  ia  book  form.     All  contracts  for  public 
works,  or  for  materials  or  supplies  ordered  by  the  common  council,  shall 
be  offered  by  the  comptroller  at  public  auction,  and  given   to  the  lowest 
bidder,  who  can  furnish  security  satisfactory  to  the  common  couucil ;    or 
the  same  shall,  at  the   discretion   of  the  commoa   couocil,  be  advertised 
for  proposals,  to  be  delivered   to  the  comptroller  in  writing,  sealed,  and 
to  be   opened  by  said   comptroller,   in   presence  of  the  chairmen   of  the 
finance  committees   of  said  common  council;  and  given  to   the  person 
making  the  lowest  proposal  therefor,  who  can  furnish   security  satisfac- 
tory   to   th^  common   council:      provided,    that   the   common     council     - 
shall,  in   either  case,   have    the  right  to   reject   all  bids  or   proposals. 
All  bonds  shall  be  signed  by  the  mayor,  and  countersigned  by  the  comp- 
troller and  treasurer.     The  comptroller   shall  also,  immediately  after  the 
election  of  a  fiscal  agent,  as   provided  by  this  act,  furnish   said   agent, 
under  the  provisions  of  this  act,  with  such  a  description  of  each  coupon, 
its  number,  letter,  amount,  time  to  run,  when  due  and  where  payable,  as 
will  be  sufficient  to  identify  the  same.    He  shall  also  furnish  such  samples 
and  descriptions  as  said  agency  may  require  for  the  use  of  its  agents,  in 
places  out  of  New  Orleans.     And  he  shall  generally,  in   addition  to  the 
duties  herein  enamerated,  perform  all  such  other  duties  as  the  common 
9 


66  CONSOLIBATEft   CITY  DEBT — TAX,  ETC. 

Sa^-^ry  of  Comp-  council  shall  prescribe  ;  and  he  shall  receive  for  his  services  as  a  salary 
trolier.  .$4,000  per  annum.— Act  1856,  p.  143. 

t 
Warrants  not  to       Sec.  3.     That  from  and  after  the  passage  of  this  act,  no  warrant  or 

Comp^roller^un-    o^der  on  the  treasury  of  said  city,  for  the  payment  of  money,  shall  be 

less  there  be         issued  by  the  comptroller  or  any  other  officer  of  the   city,  unless  there 

lunds  appropn-  .;  i-  .;  ^ ' 

ated  to  pay  the     be,  at  the  date  of  such  warrant  or  order,  sufficient  funds  in  the  treasury, 

duly  appropriated  by  the  council  to  pay  the   same. — Act  1855,  p.  228. 

See  Act  1856,  p.  160,  sec.  108,  (placed  under  "Ordinances.") 
See  Act  1856,  p.  160,   sec.  Ill,  (placed  under  "Revenue.") 
See  Act  1856,  p.  166,  sec.  125,  (placed  under  "  Officers.") 
See  Act  1855,  p.  288,  (placed  under  "  Contracts.") 


same. 


Bigned. 


CONSOLIDATED  CITY  DEBT— TAX,  ETC. 

For  the  Consolidated  Loan  Tax  for  the  year  1856,  see  "  Revenue,"  No.  734. 

Bond*,  how  to  bo  No.  231.  He,  (the  comptroller)  shall  sign,  with  the  mayor 
and  treasurer,  all  bonds  issued  by  the  commissioners  of  the  con- 
solidated debt  of  the  city;  and  shall,  in  addition  to  the  duties 
enumerated,  perform  such  others  as  the  council  may  prescribe. 

City  Ordinance,  No.  1442.    Art  17. 

No.  232.  Whereas,  the  city  of  New  Orleans  is  still  interested 
in  a  large  number  of  unsettled  and  unliquidated  suits,  entered 
prior  to  the  consolidation  of  this  city  in  the  year  1852; 

And  whereas,  there  may  be  expected  to  be  found,  under  due*' 
examination  of  numerous  municipal  contracts  and  other  docu- 
ments and  records,  a  number  of  just  causes  of  claims  against 
third  parties,  which  claims  lay  unknown  to  the  present  govern- 
ment of  the  city,  and  which  it  is  desirable  and  beneficial  to  dis- 
cover, settle  and  liquidate; 

And  whereas,  all  sums  accruing  from  the  liquidation  of  said 
old  suits,  and  the  settlement  of  said  unknown  claims  could  be 
properly  applied  to  the  extinguishment  of  the  debts  of  the  old 
city,  and  also  of  the  debts  of  the  city  of  Lafayette,  incurred 
before  the  time  of  their  consolidation  in  a  single  corporation; 

And  whereas,  such  old  suits  require  special  searches,  and 
laborious  and  exceptional  proceedings  which  cannot  be  considered 
as  incumbent  upon  the  city  attorney,  nor  making  part  of  his  legal 
and  regular  duties; 

And  whereas,  such  unknown  titles  of  claims  against  third 
parties  require,  if  any  there  are,  great  exertions  to  be  detected 


•CONSOLIDATED  CITY  DEBT — TAX,  ETC.  67 

and  determined,  which  exertions  cannot  be  asked  for  from  any 
of  the  regular  ofl&cers  of  the  city : 

(1.)  Be  it  resolved.  That  the  board  of  commissioners  of  the  Commissioners 

^     ^  to  compromise, 

consolidated  debt  of  New  Orleans  are  hereby  empowered  and  etc. 
authorized  to  terminate,  settle  and  liquidate  in  the  name  of  the 
city  of  New  Orleans,  by  way  of  judicial  proceedings,  compromise 
or  otherwise,  with  full  power  to  act,  to  them  granted  hereby,  for 
any  such  old  suits  not  yet  liquidated,  in  which  the  cities  of  New 
Orleans  and  Lafayette  acted  as  plaintiffs,  prior  to  the  consolida- 
tion of  this  city,  in  the  year  1852,  either  under  the  old  corpora- 
tion of  the  city  of  New  Orleans  prior  to  its  division  in  three 
distinct  corporate  bodies  in  the  year  1836,  or  under  its  existence 
into  three  municipalities  before  their  consolidation  in  1852,  and 
also  under  the  old  corporation  of  the  city  of  Lafayette  prior  to 
the  year  1852,  and  also  under  the  old  corporation  of  the  parish 
of  Orleans,  and  either  in  the  name  of  said  cities  of  New  Orleans 
or  Lafayette,  or  in  the  names  of  the  Municipalities,  Nos.  One, 
Two  and  Three  of  the  city  of  New  Orleans,  or  also  in  the  name 
of  either  the  general  council  or  the  general  sinking  fund  of  the 
city  of  New  Orleans,  or  also  in  the  name  of  the  police  jury  of 
the  parish  of  Orleans. 

(2.)  That  said  commissioners  of  the  consolidated  debt  of  To  appoint  coi. 
New  Orleans,  are  hereby  authorized  to  secure  the  services 
of,  and  to  contract  with  suitable  persons  to  make  the  neces- 
sary searches  and  complete  such  proceedings  as  may  be  necessary 
to  liquidate  and  settle  such  old  suits,  and  also  to  detect  and  dis- 
cover such  title  of  unknown  claims  in  which  the  city  of  New 
Orleans  may  be  interested  against  third  parties,  but  in  which  no 
action  has  been  taken  up  to  this  date,  and  for  which  the  said 
board  of  commissioners  of  the  consolidated  debt  of  New  Orleans 
are  hereby  authorized  to  sue  for  and  settle  by  way  of  compromise 
or  otherwise,  in  the  name  of  the  city  of  New  Orleans. 

(3.)  That  such  persons  so  selected  by  the  said  board  collectors' com- 
of  commissioners  of  the  consolidated  debt  of  the  city  of  New  p^"^**^°^- 
Orleans,  for  the  purpose  of  liquidating  such  old  suits  and  discov- 
ering such  unknown  titles  of  claims,  be  entitled  to  receive  by 
contract,  such  per  centage  out  of  the  proceeds  of  the  settlement 
of  such  old  suits  or  unknown  claims  as  may  be  agreed  on  by  said 
commissioners,  provided  such  persons  bind  themselves  to  take 
charge  of  all  expenses  or  costs  which  may  be  incurred  in  conse- 
quence of  the  revival  of  such  old  suits ;  and  in  case  the  city  of 
New  Orleans    should    recover    nothing  from   the   same,    and 


debt, 


68  CONSOLIDATED  CITY  DEBT — TAX,  ETC. 

provided  said  contractors  enter  into  bonds  in  tlie  sum  of 
$10,000,  with  good  security,  subject  to  the  approval  of  said 
board  of  commisssioners  of  the  consolidated  debt  of  the  city  of 
New  Orleans,  and  so  conditioned  as  to  cover,  secure  and  exoner- 
ate the  city  of  New  Orleans  against  any  eventual  payment  or 
disbursement  of  money  for  any  of  the  causes  aforesaid ;  and 
provided  it  be  well  understood  that  said  contractors  shall  have  in 
no  case,  anything  to  claim  as  a  compensation  for  their  services,  or 
as  a  reimbursement  of  their  expenses,  or  otherwise,  from  the 
city  of  New  Orleans. 

City  Ordinance,  No.  1759.     Approved  July  27th,  1854.    See  No.  491. 

Additional  city  No.  233.  Whereas,  From  the  report  of  the  commissioners  of 
the  consolidated  debt,  it  appears  that  there  matured  on  the  1st 
July,  1855,  sixty-eight  bonds  of  the  old  city,  of  $1,,000  each, 
issued  to  Andrew  Hodge ;  also,  on  the  1st  Nov.  1855,  three 
hundred  and  twenty-eight  bonds  of  the  old  city,  of  $1,000  each, 
issued  to  the  Draining  Company,  amounting  in  all  tO'$396,000 — 
the  same  being  a  part  of  the  consolidated  debt  of  the  city  of 
New  Orleans.  And,  Whereas,  The  charter  of  the  city  provided 
that  new  bonds  of  the  city  should  have  been  exchanged  for  the 
same  or  sold  for  the  purpose  of  paying  the  same.  And,  whereas, 
after  duly  advertising,  no  bids  were  received,  satisfactory  to  the 
commissioners,  whereupon  the  sale  was  deferred,  and  the  holders 
of  the  bonds  notified  that  interest  would  be  paid  upon  the  same 
until  redeemed,  at  the  rate  of  six  per  cent,  per  annum..  Therefore, 

Be  it  Resolved,  That  the  Citizens'  Bank  of  Louisiana  (the 
fiscal  agent  of  the  city)  be  and  is  hereby  authorized  to  pay  to 
the  holders  of  the  aforesaid  bonds  the  semi-annual  interest  as  the 
same  may  become  due,  at  the  rate  of  six  per  cent,  per  annum, 
from  the  maturity  of  the  bonds  until  the. principal  be  redeemed, 
when  such  interest  as  may  have  accrued  since  the  last  payment 
of  interest  be  also  paid  to  the  holders  of  said  bonds,  out 
of  the  money  deposited  to  the  credit  of  the  consolidated  loan  tax 
with  the  said  fiscal  agent. 

That  the  comptroller  of  the  city  be  directed  to  receipt  to  the 
said  fiscal  agent,  for  any  sums  paid  on  account  ot  the  above 
resolution,  out  of  the  consolidated  fund. 

That  a  copy  of  the  above  preamble  and  resolutions  be  forwarded 
to  the  cashier  of  the  Citizens'  Bank. 

City  Ordinance,  No.  2730.   Approyed  May  2d,  185a 


CONSOLIDATED  CITY  DEBT — TAX,  ETC.  b9 

ACTS  OF  iRE  LEGISLATURE. 

Sec.  37.     That  the  debt  of  the  general  sinking  fund,  commonly  called  The  debts  of  the 

the  old  city  debt,  and  the  debts  of  the  three  municipalities,  whether   in  itie8%™d  of^thp ' 

the  form  of  bonds,  notes,  interest  coupons,  cash  warrants,  or  any  other  pneral  sinking 

*^   .  7  ^  fund,  to  be  as- 

species  of  obligation  whatever,  shall  be  assumed  and  paid  by  the  city  of  sumed  by  the 

New  Orleans,  and  said  city  is  hereby  declared  liable  therefor.   The  mayor,  orfeans.  ^^ 
comptroller  and  treasurer,  and  the  chairmen  of  the  finance  committees  of 
the  two  boards  of  the  common  council,  shall  constitute  a  commission,  to 
be  called  the  commissioners   of  the  consolidated  debt   of  New  Orleans ;  Commissioners  of 
and  they  shall  have  power  to  issue  bonds    of  the   city  of  New   Orleans,  ^^bt'^of  New*^^** 
having  not  more  than  forty  years  to  run^  with  interest,  payable   at  such  Orleans, 
place  as  may  be  agreed  on  between  said  commissioners  and  the  parties  to 
whom  the  bonds  are  issued,   irf  semi-annual    coupons,    in  exchange  for 
any  bonds,  obligations  or  debts  of  the  old  corporation,  or  of  any  of  the 
municipalities,  whether  matured  or  not ;  or  to   sell  the  new   bonds  and  Their  powers  in 
apply  the  proceeds  to  the  payment  of  the  matured  debts   of  the   old  bondl'^or'^obfi^a- 
corporation,  or  of  the  municipalities,  but  to  no  other  purpose.   The  bonds  ^ions  of  the  city, 
thus  issued  shall  form  a  stock,  to  be  called  the  consolidated  debt  of  New 
Orleans.     At  the  time  this  act  goes  into  operation,  an  exact  and  detailed 
statement  of  the  indebtedness  of  the  old  corporation,  and  of  each  muni-  Creation  of  the 
cipality,  shall  be  filed  in  the  office  of  the  comptroller,  by  the  secretary  of  Srif  New  Or- 
the  board   of  liquidators   and   the   municipal   comptrollers  respectively,  leans, 
when  the  commissioners  of  the  consolidated  debt  shall  proceed  to  divide 
the  debt  of  the  old  corporation   between  the  several   municipalities,  in 
proportion  to  the  assessed  value  of  real  estate  within  the  limits  of  each, 
according  to  the   State   assessment  roll  for   1851.       The    amount  thus  Apportiot>ment 
apportioned  to  each,  together  with  its  individual  indebtedness  at  the  time  the'old1;orpora- 
this  act  goes  into   operation,  shall  constitute   the  separate  debt  of  each  ^ion. 
municipality,  and  shall  be  known  as  the  debt  of  municipality   No.  one, 
No.  two  and  No  three.  The  common  council  shall  annually,  in  the  month 
of  January,  pass  an  ordinance  to  raise  the  sum  of  six  hundred  thousand 
dollars  by  a  special  tax   on   real  estate  and  slaves,  to   be  called   the 
consolidated  loan   tax ;  and   the    rate  per    cent,    of  said    tax  in  each 
municipality   shall   be  in   proportion   to  the  indebtedness  of  each.     All  Raising  of  a  con- 
ordinances,  resolutions  or  other  acts   passed   by   said   council,  after  the  tax.  *  ^    ^^^ 
first  day  of  January  in   each   year,  shall  be  null    and  void,  unless   the 
ordinance  imposing  the  consolidation  loan  tax  shall  have  been  previously 
passed.     At  the  end  of  each  and  every  year,  any  surplus  of  the  consoli- 
dated loan  tax  remaining  in  the  treasury,  after  the  payment  of  all   the  ^ 

,      ,  „    ,  *^  -    ,•'  Surplus  of  the 

mterrSt   and  the   expenses    of  the  management  of  said   debt,  shall  be  consolidated  loan 

applied  to  the  purchase,  from  ^he  lowest  bidder,  of  such  bonds  issued  posed  o'?  ^^^ 
under  this  act  as  have  the  shortest  period  to  run ;  and  the  common 
council  shall  have  the  right  of  rejecting  all  bids  demanding  more  than 
the  face  of  the  bonds  ;  for  which  purpose  public  notice  shall  be  given  by 
the  comptroller,  in  the  official  gazette  for  thirty  days,  inviting  proposals 
from  bondholders  for  the  sale  to  the  city  of  the  bonds  herein  described. 
•From  and  after  the  passage  of  this  act,  no  obligation  or  evidence  of  debt 
of  any  description  whatever,  except  those  herein  authorized,  shall  be 


70 


CONTRACTS  AND  CONTRACTORS. 


issued  by  the  city  of  New  Orleans,  or  under  its  authority ;  nor  shall  any 
loan  be  contracted,  unless  the  same  be  authorized  by  a  vote  of  a  majority 
of  the  qualified  voters  of  said  city,  which  shall  be  taken  in  the  manner 
prescribed  by  the  city  council,  after  ten  days'  proclamation  by  the  mayor, 
in  the  newspaper  chosen  by  the  common  council;  aud  no  ordinance 
creating  a  debt  or  loan  shall  be  valid,  unless  for  some  single  object  or 
work  distinctly  specified  therein,  and  unless  such  oi'dinance  shall  provide 
to  issuing  bonds  wavs  and  means  for  the  punctual  payment  of  running  interest  during  the 
dences^of  debt.  ^^o\e  time  for  which  said  debt  or  loan  shall  be  contracted,  ,and  for  the 
full  and  punctual  discharge  at  maturity,  of  the  capital  borrowed  or  debt 
incurred  ;  and  such  ordinance  shall  not  be  repealed  until  principal  and 
interest  of  the  capital  borrowed,  or  the  debt  incurred,  are  fully  paid  and 
discharged. — Act  1852,  p.  58. 


Restrictions  im- 
posed upon  the 
corporation  of 
New  Orleans,  as 


Debt  of  Lafayette 
assumed  by- 
New  Orleans. 


Payment  of  said 
debt,  how  pro- 
vided for. 


Sec  5.  That  the  debt  of  the  city  of  Lafayette  shall  be  assumed  and 
paid  by  the  city  of  New  Orleans,  and  the  said  city  of  New  Orleans  is 
hereby  declared  liable  therefor ;  and  the  amount  of  said  debt  shall  be 
ascertained,  and  its  payment  provided  for,  and  made  in  the  same  manner 
as  the  debt  of  eaeh  municipality  of  New  Orleans  is  ascertained  and 
provided  for  in  the  act  to  which  this  act  is  a  supplement ;  and  in  raising 
annually  the  consolidation  loan  tax  for  the  payment  of  the  debt  of  New 
Orleans,  an  additional  sum  of  fifty  thousand  dollars  shall  be  raised  for 
the  purpose  of  providing  for  the  debt  of  the  city  of  Lafayette,  now  added 
to  that  of  New  Orleans,  so  that  the  whole  amount  of  the  annual  levy  of 
taxes  for  the  payment  of  the  debt  of  New  Orleans,  shall  be  six  hundred 
and  fifty  thousand  dollars.  —Act  1852,  p.  56. 

Sec.  42.  That  the  common  council  of  the  city"  of  New  Orleans  shall, 
for  the  purposes  of  this  act,  once,  and  not  ofteiiier,  in  each  and  every 
year,  lay  an  equal  and  uniform  tax  upon  all  property,  real  and  personal, 
Rate  of  taxation,  in  said  city  ;  but  said  tax,  added  to  the  consolidated  loan  tax,  and  to  the 
special  tax  for  payment  of  the  annual  interest  on  the  bonds  issued  by  the 
city  for  subscriptions  to  the  stocks  of  the  New  Orleans,  Opelousas  and 
Great  Western  Railroad  Company,  the  New  Orleans,  Jackson  and  Great 
Northern  Railroad  Company,  and  the  Pontchartrain  Railroad  Company, 
shall  not  in  the  aggregate  be  more  than  one  dollar  and  fifty  cents  on  one 
hundred  dollars  of  valuation,  except  in  case  of  invasion  or  insurrection  : 
Provided,  it  be  sufficient  to  pay  the  interest  on  the  consolidated  debts  and 
railroad  bonds  issued  by  the  city  of  New  Orleans. — Act  of  1856,  p.  148. 
See  Acts  of  1855,  p.  228. 


Equal  and  uni- 
form tax, to  be 
levied  annually. 


CONTRACTS  AND  CONTRACTORS. 


Surety  to 
real  estate. 


No.  234.  Aoy  person  or  persons  contracting  with  the 
mayor  and  common  council  of  the  city  of  New  Orleans  for 
any  work  to  he   done  in  pursuance  of  law  or  ordinance,  or  any 


CONTRACTS   AND  CONTRACTORS.  ^71 

person  or  persons  accepting  any  office  of  trust  or  emolument  ffom 
said  corporation,  who'are  required  by  law  or  ordinance  to  give 
bond  for  the  faithful  performance  of  the  duties  devolving  upon 
him  or  them,  shall  be,  and  are  hereby,  required  to  furnish 
security,  who  shall  be  possessed  of  real  estate  to  the  amount  of 
the  obligation  of  said  bond.  The  corporation  reserving  the  right 
of  demanding  additional  security  whenever  deemed  advisable. 

City  Ordinance,  No.  233.    See  No.  74. 

No.  235.     From  and  after  the   passage  of  this  resolution,  all  Approval  of 

.„.  „  ,.,.  ^         1     M  1  TT1  •       specifications, 

specifications  tor  pubhc  works  shall  be  approved  by  the  commit-  etc. 
tee  on  streets  and  landings  before  being  published,  and  that  the 
comptroller  be  and  he  is  hereby  directed  hot  to  sell  any  contract 
until  the  specifications  be  prepared. 

City  Ordinance,  No.  2176.  See  No.  556. 

No.  236.     All  specifications  for  contracts  to  be  let  or  sold  at  Publication  of 
auction  by  the  comptroller,  shall  be  made  and  published  at  least  ^^^" 
five  times  in  the  official  journal  prior  to  the   day  of  said  sale  or 
letting,  which   specifications  shall  be  approved  by  the  chairmen 
of  the  committees  on  streets  and  landings. 

City  Ordinance,  No.  246. 

No.  237.     From   and  after  the  passage  of  this  resolution,  all  contractor's 
persons  to  whom  contracts  maybe  adjudicated  by  the  comptroller,  rity^*^*°  ^^'^^' 
shall,  at  the  time  of  adjudication,   offer  good  and  sufficient  secu- 
rity for  the  faithful  performance  of  the  said  contracts,  who  shall 
immediately  enter  into  an  agreement  binding  themselves  in  that 
capacity. 

No.  238.     That  resolution  No.  286,  approved  September  22d,  Repealing  pro- 
1852,  be  and  the  same  is  hereby  repealed. 

City  Ordinance,  No.  722. 

No.  239.  That  from  and  after  the  passage  of  this  resolution.  Duty  of  city 
it  shall  be  the  duty  of  the  city  notary,  upon  the  promulgation  of  ^'^'^^^>  ^^^' 
all  resolutions  approving  the  adjudications  of  contracts,  to  notify 
the  parties  thereof,  through  the  post  office,  and,  if  within  ten 
days  thereafter,  the  contractors  and  securities  have  not  signed 
their  contracts,  it  shall  become  his  duty  to  inform  the  city  comp- 
troller thereof,  and  said  comptroller  shall,  after  five  days'  notice 
in  the  official  journal,  proceed  immediately  to  a  new  sale,  the 
amount  deposited  by  the  previous  contractor  being  forfeited  in 
favor  of  the  city. 

City  Ordinance,  No.  1698. 

No.  240.     That  the  comptroller  be  instructed  to  demand  from  Contractors  to 
all  purchasers  of  contracts  adjudicated  by  him^  under  authority  of  cent.,^tc!"  ^* 


7$  ■■  CONTRACTS   AND   CONTRACTORS. 

the  eommon  council,  as  a  deposit  in  cash,  at  the  time  of  adjudi- 
cation, a  sum  equal  to  ten  per  cent,  on  the  estimated  amount  of 
the  contract  sold,  provided  said  amount  of  deposit  shall  not  be 
less  than  fifty  nor  more  than  five  hundred  dollars,  on  the  condi- 
tion that  said  deposit  shall  be  returned  to  the  depositor  whenever 
the  council  may  reject  the  adjudication,  or,  whenever  the  deposi- 
tor and  his  securities  shall  have  si2:ned  the  act  of  contract  before 
the  city  notary,  in  cases  where  the  council  may  have  approved 
and  accepted  the  adjudication,  but  in  cases  whenever  the  council 
may  approve  and  accept  the  adjudication,  and  the  purchaser  of 
the  contract,  or  either  of  his  securities  refuse  or  neglect  to  sign 
the  contract  before  the  Notary  within  ten  days  after  such  approval 
and  acceptance,  then  the  whole  amount  of  said  deposit  shall  be 
forfeited  to  the  use  of  the  city,  to  reimburse  the  city  for  the 
charges  and  damages  resulting  from  the  non-compliance  of  the 
party,  on  his  part,  to  enter  into  contract ;  and  in  case  a  party  to 
whom  a  contract  may  be  adjudicated,  shall  refuse  to  make  a 
deposit,  as  aforesaid,  the  said  adjudication  for  said  cause  shall  be 
declared  by  the  comptroller  as  null  and  void,  and  he  shall 
thereupon  proceed  to  off'er  said  contract  for  sale,  and  disregard 
any  bid  from  the  party  delinquent,  as  aforesaid ;  and*  provided 
always,  that  in  all  cases  of  sales  of  contracts  by  the  comptroller, 
by  authority  of  this  council,  unless  otherwise  provided  for  in 
the  resolution  authorizing  the  sale,  the  council  reserves  the  right 
of  rejecting  or  approving  the  adjudication  as  may  be  deemed 
advisable  or  expedient ;  and  all  ordinances  or  resolutions  incon- 
sistent with  this  be,  and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  2156.    Approved  May  15, 1855. 
For  "Conditions  of  all  Contracts,"  see  No.  212.  ■ 
See  "Comptroller,"  No.  206  and  No.  208. 

Non-fulfillment        ^^-  -^^-     ^*  ^^^^^  ^^  ^^®  ^^^^  °^  *^^  survcyor  to  report  to 
of  contracts.        ^^q  council  the  non-fulfillmcnt  of  all  contracts  in  which  the  city 
may  be  interested. 

City  Ordinance,  No.  455. 

Extra  work.  No.  2-i2.     All  claims  against  the  corporation  for  extra  work 

connected  with  contracts,  shall  not  be  included  in  the  surveyor's 
certificates  to  the  contractors,  but  separate  bills  shall  be  brought 
before  the  common  council. 

City  Ordinance,  No.  818. 

As  to  "Right  of  city  officers  to  Contract,"  eeo  "Officers,"  No.  556. 

Certificates  bearing  interest,  see  No.  158. 

See  "Bonds,"  page  24. 

For  City  Tax  on  Bonds,  etc.,  see  No.  689. 

Certificates  to  Contractors,  see  No.  802. 

Tines,  etc.,  see  No.  807 


CORONER.  73 

ACTS  OF  THE  LEGISLATURE. 
An  Act  entitled  an  Act  relative  to  works  of  Improvement  in  New  Orleans. 

Sectiox  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  converted^  That  all  public  works, 
materials  or  supplies  susceptible  of  being  put  under  contract,  the  costs 
thereof  exceeding  five  hundred  dollars,  shall  be  sold  by  the"  comptroller 
at  public  auction,  and  given  to  the  lowest  bidder  who  shall  give 
adequate  security  ;  provided  that  the  comptroller  shall  have  the  right, 
at  the  time  of  the  adjudication,  to  refuse  such  bid  or  bids  as  are 
injudicious  or  against  the  interest  of  the  city. 

Sec.  2.  That  any  party  bidding  for  the  works  contemplated  by  this 
act,  shall  have  the  right  to  appeal  to  the  common  council  from  the 
decision  of  the  comptroller,  in  case  said  party  should  feel  aggrieved. 

Sec.  3.  That  the  common  council  shall  not  have  the  power  to  release 
any  contractor  from  a  strict  compliance  with  the  conditions  of  his 
contract,  but  may  grant  an  extension  of  time  to  parties  for  the 
completion  of  their  contracts,  when  in  their  opinion  it  may  be  just  and 
proper  and  for  the  interest  of  the  city. — Acts  of  1855,  page  288. 

Sec.    21.     That    no    member   of  the     common    council    shall    hold  Members  of  com- 

any  other  employment  or  office  under  the  government  of  New  Orleans  ^nted'from 

while  he  is  a  member  of  said  council ;  and  no  member  of  the   common  l^oldiug  certain 

'  ^       _  offices,  and  from 

council,  or  any  officer  of  the  corporation,  shall  be,  directly  or  indirectly,  being  interested 

interested  in  any  work,  business  or  contract,  the   expense  or  price  or  surety  in  certain 
consideration    of  which  is   paid   from   the    city   treasury,   or   by   an  contracts, 
assessment  levied  by  an  ordinance  or  resolution  of  the  common  council;  * 

nor  be  the  surety  of  any  person  having  a  contract,  work  or  business 
with  said  city,  for  the  performance  of  which  security  may  be  required. 
Acts  of  1856,  p.  140. 

See  Acts  of  1856,  p.  143,  sect.  30. 


CORONER. 

No.  243.     (1.)  From  and  after  the  passage  of  this  ordinance,  coroner's  few. 
the  coroner  shall  receive,  for  each  inquest  held  in  the  city  of 
New  Orleans,  the  sum  of  ten  dollars,  which  amount  shall  be  in 
full,  and  shall  include  physicians'  fees,  jurors'  fees,  burial  expenses, 
and  all  other  costs  incident  to  the  duties  of  coroner. 

(2.)  The  sum  of  seven  dollars  only  shall  be  allowed  said 
coroner  by  the  city  of  New  Orleans,  for  services  performed  as 
above,  when  the  friends  of  the  deceased  shall  claim  the  right  of 
burial,  or  there  is  property  belonging  to  the  deceased  sufficient  to 
defray  the  expenses  of  the  same. 
10 


her  in  each, 
parish 


74  CORONER. 

(3.)  Tlie  sum  of  five  dollars  only  shall  be  allowed  wlien,  in 
conformity  with  section  2,  act  No  243,  approved  May  1,  1847, 
no  inquest  shall  be  deemed  necessary,  which  sum  shall  include 
burial  expenses,  and  all  other  charges  incident  thereto. 
Eepeaiing clause.  No.  244.  (4.)  That  ordinance  No.  239,  approved  August  2 , 
1852,  together  with  all  other  ordinances  that  may  affect  this 
ordinance  be  and  the  same  are  hereby  repealed. 

City  Ordinance,  1^.  22o4/  approved  June  23,  1855. 
For  Coroners'  Physician,  see  '-Physician,"  No.  584. 

ACTS  OF  THE  LEGISLATURE, 
An  Act  to  regulate  and  define  the  duties  of  Coroner, 

Meetton  of  coro-  Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Asseinhly  convened,  That  a  (^roner 
shall  be  elected  in  each  parish  by  the  qualified  voters  thereof,  on  the  first 
Monday  of  November,    eighteen  hundred  and  fifty -five,    and  every  two 

His  oath  and        years  thereafter  ;  he  shall  take  the  oath  prescribed  by  the  Constitution, 

°"  '  and  shall  give  bond   and  security    according  to  law,  in  the   parish   of 

Orleans,  in  the  sum  of  twenty-five   thousand  dollars,  and   in    the    other 

parishes  of  the  State  in  the  sum  of  three   thousand   dollars.     Should    a 

Vacancy  how        vacancy  occur  subsequent  to  an  election,  it  shall  be  filled  by  the  governor, 

fill6<i*  and   the  person  so   appointed  shall  continue   in  office  until  his  successor 

shall  be  elected  and  qualified. 

To  be  conservator      Sec.  2.     That  he  shall  be  a  conservator  of  the  peace  within  the  extent 

of  the  peace.  of  his  parish. 

Incaseofvacan.      Sec.  3.     That  in  case  of  vacancy  in  the  office  of  sheriff,   the  coroner 

"'h  ^^-^^^  ^^  shall  exercise  the  duties  of  sheriff  until  the  appointment  or  election  of  a 

successor  ;  and  while   acting  as  such,  he  shall   receive  the  same  fees  as 
are  allowed  by  law  to  the  sheriff. 

To  make  inqui-         Sec.  4.     That  it  shall   be    his  duty,   on  being   informed  of  the  violent 

ries  and  bury       death  of  any  person  within   his  parish,  the  cause   of  which  is  unknown, 
bodies  m  certain  ''  ^  .  " »« ", 

cases.  immediately  to   proceed  and  view  the  body,  and  make  all  proper  inquiry 

respecting  the  cause  and  manner  of  the  death  ;  and  if  from  such  inquiry 
lie  shall  be  satisfied  that  no  person  has  been  guilty  of  causing  or  procu- 
ring the  death,  and  that  there  are  no  suspicious  circumstances  attending 
it,  he  shall,  without  further  proceedings  therein,  deliver  the  body  to  the 
friends,  if  any, there  be,  for  interment;  in  case  there  are  no  friends  who 
will  take  charge  of  the  body,  and  if  the  deceased  shall  not  have  left 
Slaves  to  be  property  sufficient  to  pay  the  expenses  of  the  burial,  then   it  shall  be  the 

buri^ed  ^^t  the  ex-  ^^^^  q^  (.j^g  coroner  to  bury  it.     All  slaves  shall  be  buried  at  the  expense 
owners.  of  their  owners. 

Certificate  to  be        Sec.  5.     That  where  inquests  are  not  taken,  he  shall  make  a  certificate 
of  the  following  or  similar  import,  to  wit  : 


made  where  in 
quests  are  not 
taken. 


I, ,  coroner  of  the  parish  of ,  having  notice 

of  the  death   of — ,  and  having  viewed  the  body  of  the  said 

,  and  made  inquiry  respecting  his  death,  do  certify  that  I 


CORONER.  75 

am  satisfied  no  guilt  attaches  to  any  person  by  reason  of  the  death,  and 
that  an  inquest  is  unnecessary, — (and  where  it  shall  have  become  necessary 
to  bury  the  dead  body,  the  certificate  shall  continue  and  say) — That  the 
deceased  has  no  friends  who  appear  to  take  charge  of  and  bury  his  body, 
nor,  as  I  can  ascertain,  has  he  left  property  sufficient  to  defray  the  ex- 
penses thereof ;  I  have  therefore  buried  the  same. 

Which  certificate  shall  be  filed  in   the  office  of  the  clerk  of  the  court  Certificate  T?here 

of  the  country  parishes,  and  in  the  office  of  the  Fourth  District  Court  in 

the  parish  of  Orleans. 

Sec.  6.    -That  if  the  coroner   shall  have  reason  to  suspect  that  the  In  what  cases 

.  inquests  shall  b« 

person  whose  body  he  shall  have  been  called  to  view,  came  to  his  death  held. 

by  violence,  then   and  not   otherwise  it  shall  be  his  duty  forthwith  to 

proceed  and  take  inquest  of  said  death. 

Sec.  7.     That  when  an  inquest  is  to  be  held,    the  coroner  shall  sum-  Jury  of  inquest 
mon  forthwith  five   citizens  residing  in  the  parish  to  appear  before  him, 
at  the  time  and  place  expressed  in   the  summons,  then  and  there  to   in- 
quire upon  view  of  the  body  of ,  there  lying  dead,  when 

and  by  what  means  he  came  to  his  death. 

Sec.  8.     That  if  any  person  summoned  as  a  juror  shall  fail  to  appear,  Fine  imposed,  on 
without  reasonable  excuse  therefore,  he  shall   forfeit  the  sum  of  twenty  i"tendance?°"' 
dollars.    All  forfeitures  under  this  section,  in  New  Orleans  and  Jefferson, 
may  be  recovered  for  the  benefit  of  the  Charity  Hospital  of  New  Orleans, 
by  suit  to  be  brought  by  the  administrators  of  the  hospital.     And  that 
in  the  country  parishes  all  forfeitures  recovered  under  this  section,  shall 
be  deposited  in  the  parish  treasury  and  for   the  use  of  said  parish,  by  gn^.^^^  °°  ° 
suit  to  be  brought  before  a  justice  of  the  peace  and  in  the  name  of  the 
police  jury  thereof. 

Sec.  9.     That  when  the  jurors  who  have  been  summoned,  appear,  the  Oath  of  jurors, 
coroner  shall  call  over  their  names,   and  .  then,  in  view  of  the  body,   he 
shall  administer  to  them  the  following  oath : 

You  solemnly  swear  that  you  will  diligently  inquire  and  true  pre- 
sentment make,  on  behalf  of  the  State,  when  and  by  what  means  the 
person  whose  body  here  lies  dead,  came  to  his  death ;  and  you  shall 
return  a  true  inquest  thereof,  according  to  your  knowledge  and  such 
evidence  as  shall  be  laid  before  you.     So  help  you  God. 


If  any   of  the  five  jurors  summoned  shall  not  appear,  the  coroner  Bystanders  to  be 

summoned  in 
certain  cases. 


shall  summon  jurors  from"  the   bystanders   to  complete   the  number  of  summoned  m 


the  jury. 

Sec.  10.     That  he  may  summon  witnesses   at  such  time  and  place  as  Attendance  of 
he  shall   direct;  the  person  summoned  shall  be  subject  to  the  same  pe-  ^nfor^ceT"**^^ 
nalties  to  be  expressed  in   the  summons  for  non-attendance,  as   if  they 
had  been  served   with   a  subpoena  on   behalf  of  the  State  to   attend   a 
justice's  court.     It  shall  be  his   duty,  if  necessary,  in  order  to  ascertain 
the  cause  of  death,  and  at  the  request  of  the  jurors  in  writing,   to  cause 
some  surgeon  or  physician  to  be  subpoenaed  to  appear   as  a  witness   at  be^subpSnae?  to 
the  inquest ;  and  the  written  request  of  the  jurors   that   the  testimony  appear  in  certain 
of  a  physician  or  surgeon  is  necessary  to  enable  them  to  form  a  verdict 


76 


CORONER. 


Oath  of  wit* 


Testimony  to  be 
reduced  to 
writing. 

Verdict  of  jury. 


as  to  the  cause  of  death,  shall  be  by  the  coroner  filed  with  the  corpo- 
ration, or  other  body  charged  with  the  expenses  of  the  inquest ;  and  if 
he  refuse  or  neglect  to  file  the  written  request  as  above,  he  shall  be 
liable  to  pay  the  fee  of  the  surgeon  or  physician,  which  shall  not  exceed 
ten  dollars. 

Sec.  11.     That  he  shall  administer  the  following  oath  to  the  witnesses: 

You  solemnly  swear  that  the  evidence  which  you  shall  give  on  this 
inquest,  concerning  the  death  of  the  person  here  lying  dead,  shall  be 
the  truth,  so  help  you  God. 

Sec.  12.  That  the  testimony  of  all  witnesses  examined  on  any  inquest, 
shall  be  reduced  to  writing  and  subscribed  by  the  witnesses. 

Sec.  13.  That  the  jury,  upon  the  inspection  of  the  body,  and  after 
hearing  the  testimony  of  witnesses  and  making  all  needful  inquiries, 
shall  draw  up  and  deliver  to  the  coroner  their  inquisition,  under  their 
hands,  in  which  they  shall  find  and  certify  when  and  by  what  means 
the  deceased  came  to  his  death,  and  his  name,  if  it  is  known,  together 
with  all  material  circumstances  attending  his  death,  and  if  it  shall 
appear  that  the  deceased  was  feloniously  killed,  the  jurors  shall  further 
state  who  were  charged  with  being  guilty,  either  as  principals  or 
accessories,  if  known,  or  with  being  in  any  manner  the  cause  of  his 
death,  which  inquisition  may  be  in  substance  as  follows : 


Form  thereof. 


An  inquisition  taken  at- 
on  the day  of 


,  in  the  parish  of- 

in  the  year ,  before- 


the  coroner  of  the  parish  of 

of ,  (or  a  person)  there  lying  dead. 


,  upon  the  view  of  the  body 
The  jurors  whose 


Witness  shall  be 
bound  to  appear 
at  court. 


Return  to  be 
made  by  coroner. 
Certain  wit- 
nesses may  be 
committed  to 
jail. 

Duty  of  coroner 
to  make  arrest. 


Expenses  of  in- 
quests how  paid. 


names  are  hereunto  subscribed,  having  been  sworn  to  inquire  on  behalf 

of  the  State  when  and  by  what  means  said came  to  his 

death,  upon  their  oath  do  say: — (then  insert  when,  how  and  by  what 
person  or  persons,  means,  weapons  or  instruments  he  was  killed. )  In 
testimony  whereof  the  coroner  and  jurors  of  this  inquest  have  hereunto 
subscribed  their  names,  the  day  and  year  aforesaid. 

Sec.  14. ,  That  if  the  jury  find  that  any  murder  or  manslaughter 
has  been  committed  on  the  deceased,  the  coroner  shall  bind  over,  by 
recognizance,  such  witnesses  as  he  shall  think  proper,  to  appear  and 
testify  at  the  next  court  to  be  held  in  the  parish  at  which  an  indictment 
for  such  off'ense  can  be  found;  he  shall  also  return  to  the  court  the 
inquisition,  written  evidence,  and  all  recognizance  and  examinations 
by  him  taken,  and  may  commit  to  the  jail  of  the  parish  any  witnesses 
who  shall  refuse  to  recognize  in  such  manner  as  he  shall  direct. 

Sec.  15.  That  if  any  person  charged  by  the  inquest  with  having 
committed  such  off'ense  shall  not  be  in  custody,  the  coroner  shall  arrest 
and  conduct  him  before  some  committing  magistrate,  in  the  parish  in 
which  the  inquest  is  held,  to  be  examined  and  proceeded  with  according 
to  law. 

Sec.  16.  That  the  expenses  of  the  inquest,  with  the  coroner's  fees, 
shall  be  paid  by  the  parish,  incorporated  city  or  town,  within  which  the 


CORPORATIONS.  77 

body  was  found,  when  the  coroner  shall  make  out  an  account  of  the 
expenses  of  the  inquest,  and  certify  under  oath  that  the  charges  are 
no  more  than  allowed  by  law ;  and  in  case  the  charges  in  the  altered  Penalty  for  over- 
account  are  more  numerous  than  allowed  by  law,  he  shall  be  liable  to  "  *^^ 
the  penalties  of  perjury. 

Sec.  17.  That  the  coroner  of  the  city  of  New  Orleans  shall  have  Coroner  of  New 
tlie  power  of  appointing  a  deputy  to  act  for  him  in  case  of  sickness  or  poSnt°a  deputy." 
necessary  absence,  for  whose  acts  he  shall  be  responsible.  Fees  and  expen- 

Sbc.  18.     That  the  common  council  of  the  city  of  New  Orleans,  and  common  S'uncif 

the  parochial  authorities  of  the  several  parishes,  shall  have  the  power  of  New  Orleans, 

^  ^  ,  and  by  the  paro- 

to  fix  the  fees  or  salary  of  the  coroner  and  all  expenses  attending  the  chlal  authorities 

,  in  the  several 

inquest.  parishes. 

Sec.  19.     That  any  person  who  shall  have  knowledge  of  a  drowned  Mode  of  prooeed- 

person,   or  shall  find  a  corpse  adrift,   shall  be  authorized  to  take  it  [^^  body  oTper- 

ashore.     He  shall  give  notice  to  the  nearest  inhabitant,  and  shall  im-  sons  found 

°  ,  drowned, 

mediately  call  a  justice  of  peace  of  the  neighborhood,  or  two  witnesses, 

to  ascertain  the  situation  of  the  deceased,  and  draw  a  proces  verbal 
thereof,  to  be  signed  by  the  justice  or  the  witnesses,  and  to  be  trans- 
mitted to  the  clerk  of  the  district  court. 

Sec.  20.     That  the  justice   of  the   peace  in  and  for  that  portion  of  Justices  of  the 
the  parish  of  Orleans  situated  on  the  right  bank  of  the  Mississippi  corone  °in^  cer- 
river  is  hereby  authorized  to  act  as  coroner  whenever  a  dead  body  shall  ^'^^°^  cases. 
be  found  lying  within  the  limits  of  that  portion  of  the  parish  of  Orleans, 
and  justices  of  the  peace  in  the  country  parishes  are  empowered  to 
perform  the  duties  of  the  coroner,  in  case  of  there  being  none,    or  of 
his  absence  or  inability  to  attend. 

Sec.  21.     That  all  laws  contrary  to  the  provisions   of  this   act,   and  Certain  laws 
all  laws  on  the   same   subject-matter,   except  what  is  contained  in  the  ^^^^^  ^  ' 
Civil  Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  83. 

An  Act  concerning  Coroners  in  the  city  of  New  Orleans. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louiniana  in   General  Assembly  convened,  That  the  common  Common  council 
council   of  the  city  of  New  Orleans  shall  have  power  to  fix  the   fees  or  cor^otgr*^^  ^^ 
salary   of  the   c«roner   of  said   city,  and   also  all  expenses  attending 
inquests. 

Sec.  2.     That  the  25th  section  of  the  act  entitled  **an  act  to  regulate  Act  of  1855  re- 
and  define  costs  and  fees  generally,"  approved  March  14,  1855,  be  and  ^^^^  ' 
the  same  is  hereby  repealed. 

Sec.  3.     That  this  act  shall  take  efiectfrom  and  after  its  passage. —  When  this  act 
Acts  of  1866,  page  14.  takes  effect. 


CORPORATIONS. 

For  "Municipal  Corporations,  and  their  Duties,  Powers,  etc.,"  see  "New  Orleane.' 


78  CORPORATIONS. 


ACTS  OF  THE  LEGISLATURE. 

An  Act  to  regulate  Corporations  generally. 

Section  1.     Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 

When  a  corpora-  the  State  of  Louisiana  in  General  Assembly  convened,    That  in  all  cases 

in'cascs^of^tres^-'^  where  any  corporation  shall  commit  trespass   or  do   anything  for  which 

pass.  an  action  for  damage  lies,  it  shall  be  Jiablc  to  be  sued  in  the  parish 

■where  such  damage  is  done  or  trespass  committed. 

Railroad  conipa-  Sec  2.  That  any  railroad  company  established  under  the  laws  of 
nies  may  mort-      ...     n,.    ,  .  ,,  .„  ,,...  ..,, 

gage  their  roads    t'^^s  State  may,  to  secure  the  payment  of  any  obligation  contracted  by 

in  whole  or  in  gg^j^j  company  for  the  construction  of  the  road,  mortgage  their  road,  in 
whole  and  in  part ;  and  such  mortgage,  if  made  of  the  entire  road,  shall 
bear  upon  the  entire  road,  though  the  same  be  not  completed  at  the  time 
the  mortgage  was  made  ;  and  such  mortgage  may  also  be  made  to  bind 
the  appurtenances  of  said  road,  its  warehouses,'!  depots,  water  stations, 
locomotives,  etc. 

Effect  of  the  Seo.  3.     That  a   mortgage  made  by  any  of  the  companies  shall  bind 

mortgage  iipon     ^j^g  road,  its  warehouses,  depots,  water  stations,  locomotives,  and   other 

the  property  so  '  j        x-       »  '  ? 

mortgaged.  appurtenances,  that  may  be  mortgaged  in  the  several  parishes  where  the 

same  may  be,  by  the  record  of  the  mortgage  in  the  parish  where  the 
Mortgages  vrhere  principal  office  or  domicil  of  the   road  may  be ;  and  such  mortgage  need 

not  be  reinscribed  to  continue  it  in  force. 
Annual  report  to  Sec.  4.  That  the  officers  of  each  insurance  company  incorporated  by 
ran™e^companic".'  ^^®  Ifi^'^s  of  this  State  shall,  within  one  month  from  the  close  or  expi- 
ration of  each  year  of  the  corporation,  cause  to  be  published  in  two  or 
more  daily  nawspapers  published  in  the  city  of  New  Orleans,  and  for  the 
term  of  at  least  one  month,  a  full  statement  under  oath  of  the  business 
of  the  company,  which  statement  shall  contain,  first,  the  amount  of 
premium  received  durin-g  the  previous  year,  specifying  what  amount 
was  received  for  life  insurance,  for  insurance  against  fire,  what  on  marine 
policies,  and  what  on  river  policies ;  second,  the  amount  of  losses  incurred 
during  the  year,  specifying  and  designating  what  amount  of  losses  have 
been  incurred  by  the  different  kinds  of  policies  as  aforesaid ;  third,  the 
amount  of  capital,  stating  the  portion  of  the  same  invested  in  securities, 
and  the  nature  of  the  securities.  • 

Report  to  be  Seo.  5.'    That  every  person  acting  as  agent  of  an  insurance  company 

™^the^n'^ent^of  ^^^^  incorporated  by  the  laws  of  this  State,  and  doing  fire,  marine  or 
insurance  com-  river  insurance  within  the  city  of  New  Orleans,  shall,  during  the  month 
porated.    '  of  January  of  each  year,    cause  a  full  statement,  under  oath,    of  the 

business  of  the  agency,  to  be  published  in  the  manner  and  form  and  for 
Penalty  for  neg-  the  term,  as  specified  in  the  preceding  section;  and  for  the  neglect  or 
to  make  the  re-  refusal  SO  to  do,  shall  forfeit  or  pay  into  the  city  treasury  the  sum  of 
P"^-  one  thousand  dollars  for  each  and  every  neglect  or  refusal.     Whenever 

the  parent  or  principal  office  of  the  agency  shall  publish  an  annual 
statement  of  its  affairs,  the  time  mentioned  in  the  first  part  of  this 
section  for  the  publication  of  the  afiairs  of  the  agency,  shall  be  so  far 
changed  as  to  correspond  with  the  annual  statement  of  the  insurance 
company,  and  shall  then  be  published  as  aforesaid,  within  one  month 
from  the  date  of  the  publication. 


CORPORATIONS.  79 

Sec.  6.     That  eacli  incorporated   insurance   compam''  and  agency    of  Tax  to  be  paid 

.  ,.    iiT        /-.  1  1     11    T       l>y  foreign  inau- 

any  foreign  insurance  company,  in  the   city  of  New  Orleans,    shall   be  rancc  companies. 

taxed  five   hundred   dollars  per   annum ,   said  tax   to  be  collected  by  the 

state  tax  collector  for  the  parish  of  Orleans,    and  as  soon  as  collected  JeclthTg  such  tax. 

shall  be  paid  into  the  city  treasury,  to  the  credit  of  the  fire  department, 

to  be    divided   equally  between  the   different  fire,  hose,  and  hook  and 

ladder  companies,    in    such  manner  as  may  be  determined  by  a  majority 

of  the  firemen  of  said  companies. 

Sec.  7.     That    whenever  the  charter  of  any  corporation  in  this  State  Corporation 

,  charter  when 

shall  be  decreed  forfeited  by  any  competent  court,  the   district  attorney  forfeited,  how 

of  the  district  shall  forthwith  inform  the  governor  of  the  fact,    who  shall  Pg^JJnst!'^ 
thereupon  appoint  a  liquidator  to  take  charge  of  and  liquidate  the  affairs  The  duty  of  the 
of  the  corporation,  as  in  case  of  insolvencies    of  individuals,     Iii  case  of  ^^^^™*^^g*^™^-^ 
death,  resignation  or  removal  of  any  liquidator   so  appointed,  the  gover-  ernor. 
nor  shall  fill  the  va'cancy  ;  and  in  case  of  refusal  of  any  person  appointed  ^hom*fined.^ 
to  act  as  liquidator,    he  shall  appoint  the  district  attorney  of  the  district,  who  may  he  ap- 
who  shall  be  dispensed  with  giving  bond  and  security.     This  section  shall  ^^^^'^  hquid- 
not  apply  to  banking  or  other  corporations  whose  liquidation  is  otherwise  Proviso, 
provided  for  by  law. 

Sec.   8.     That  all  laws  contrary   to   the  provisions   of  this  act,  and  all  Certain  laws  re- 
laws  on   the  same  subject-matter,  except  what  is  contained  in  the  Civil  P*^^^^*^- 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  485. 

An   Act  for   the  organization   of  Corporations   for  Works   of  Public 
Improvement  and  Utility. 

Section  1.     JBe  ii  enacted  by  the  Seriate  and  House  of  Representatives  of 
the  State  of  Louisiana  in   General  Assembly  convened.  That  it  shall  bo  ^^^  number  of 
lawful  for   any  number   of  persons,  not  less  than   six,  on    compliance  persons,  not  less 

..-,,■,  •   •  r.  11       •  i      ^  ,-,  1  .  -,  than  six.  author- 

with  the  provisions  following,  to  form  themselves  into  and  constitute  a  ized  to  form 

corporation  for  the  following  purposes,  to  wit :    For  the  construction,   a^corporltyn  for 

working    and  maintenance    of  railroads,  canals,  plankroads,  bridges,  certain  purposes. 

ferries  and  other    works    of  public  improvement,  whether   within    or 

without  the  limits  of  this  State,  to   eftect  fire,  marine,  river  and   life 

insurance ;  to  carry  on  manufactures  of  cotton,  woolfen,  linen,  silk  and 

hempen  cloths  and  cordage  ;   to  construct  and  carry  on  iron,  brass  and 

copper  foundries  ;  to  construct  and  maintain  drydocks  or  floating  docks 

for  the  building  or  repairing  of  ships    and  other  vessels ;  to  construct 

and  carry  on  works    to  supply   cities   or  towns  with  gas   or  water ;  to 

compress    cotton  ;  to   the  manufacture   of  iron,    copper,  lead  or  other 

metals,  earthernware  or  stoneware,  engines,   cotton   gins,  machinery, 

paper,  gunpowder,    agricultural   implements ;    to  establish    companies 

for  refining  sugar  ;   and  for  sea  navigation  by  steam  ;  to  create  lines  of 

telegraph,  and  to  establish  chemical  laboratories  and  manufactures   of 

all  kinds ;  to  open  and  work  mines  ;  to  construct  and  maintain  docks, 

steamships,  and  other  vehicles  for   the    transportation   of   freight   or 

passengers ;   and  generally  all  works  of  public  utility  and  advantage. 

No  corporation  shall  engage  in  mercantile  or  agricultural  business,  nor 

in  commission,  brokerage,  stock-jobbing,  exchange  or  banking  business 

of  any  kind. 


80 


CORPORATIONS. 


Powers  of  such 
corporations. 


What  shall  be 
contained  in  the 
charter  of  said 
corporations. 


Becord  of  char- 
ter, when  and 
how  made. 


Amendments  to 
charter,  how 
made. 


Charter  how  for- 
feited.   Conse- 
quences of  for- 
feiture. 


Sec.  2.  That  said  corporations  shall  have  power  and  authority, 
first,  to  have  and  to  enjoy  succession  by  their  corporate  name,  for  the 
period  expressed  in  their  act  of  incorporation,  not  exceeding  twenty- 
five  years  ;  second,  to  contract,  sue  and  be  sued  in  their  corporate 
name ;  third,  to  make  and  use  a  corporate  seal ;  fourth,  to  hold,  receive, 
purchase  and  convey  under  their  corporate  name,  property  both  real 
and  personal ;  fifth,  to  name  and  appoint  such  managers,  directors  and 
officei's  as  their  interest  and  convenience  may  require ;  sixth,  to  make 
and  establish  such  by-laws  for  the  proper  management  and  regulation 
of  the  affairs  of  the  corporation  as  may  be  necessary  and  proper. 

Sec.  3.  That  every  charter  of  incorporation  shall  contain,  first,  the 
name  and  title  of  the  corporation,  and  the  place  chosen  for  its  domicil ; 
second,  a  description  of  the  purposes  for  which  it  is  established,  the 
nature  of  the  business  to  be  carried  on,  and  the,  designation  of  the 
officer  on  whom  citation  may  be  served  ;  third,  the  ainount  of  the  capital 
stock,  the  number  of  shares,  the  amount  of  each  share  and  the  time 
when  and  the  manner  in  which  payment  on  stock  subscribed  shall  be 
made  ;  fourth,  the  mode  in  which  the  elections  of  directors  or  managers 
shall  be  conducted  ;  fifth,  the  mode  of  liquidation  at  the  termination  of 
the  charter. 

Sec.  4.  That  the  charters  of  corporations,  and  the  original  sub- 
scriptions made  for  the  purpose  of  organizing  them,  sh,all  be  recorded 
in  the  office  of  the  recorder  of  mortgages,  or  other  officer  exercising 
his  functions,  at  the  place  selected  for  the  domicil  of  the  corporation, 
and  shall  be  published  in  a  newspaper  at  its  domicil  once  a  week,  at 
least  for  thirty  days,  but  it  shall' not  be  necessary  to  publish  the  names 
of  the  subscribers  ;  and  any  subscriber  may  present  the  charter  and 
subscriptions  for  .record  with  the  recorder  of  mortgages. 


Restrictions 
upon  certain 
corporations. 

Extent  of  re- 
sponsibility of 
Btockholders. 


Sec. 


That  it  shall  be  lawful  for  the  stockholders  of  any  corporation. 


at  the  general  meeting  convened  for  that  "purpose,  to  make  any 
modifications,  additions  or  changes  in  their  act  of  incorporation,^  or  to 
dissolve  it  with  the  assent  of  three-fourths  of  the  stock  represented  at 
such  meeting;  any  such  modification,  addition,  change  or  dissolution 
shall  be  recorded  as  required  by  the  preceding  section. 

Sec.  6.  That  they  shall  forfeit  their  charter  for  insolvency,  evidenced 
by  a  return  of  no  property  found  on  execution ;  and  in  such  case  it 
shall  be  the  duty  of  the  district  court,  at  the  instance  of  any  creditor, 
to  decree  such  forfeiture  and  to  appoint  a  commissioner  for  effecting  the 
liquidation,  whose  duty  it  shall  be  to  convert  all  the  assets  of  the 
company,  including  any  unpaid  balances  due  by  stockholders  on  their 
shares,  into  cash,  and  to  distribute  the  same  under  the  direction  of  the 
court  amongst  the  parties  entitled  thereto  in  the  same  manner,  as  near 
as  may  be,  as  is  done  in  cases  of  insolvency  of  individuals. 

Sec.  7.  That  no  railroad,  plankroad  nor  canal  shall  be  constructed 
through  the  streets  of  any  incorporated  city  or  town  without  the  consent 
of  the  municipal  council  thereof. 

Sbc.  8.  That  no  stockholder  shall  ever  be  held  liable  or  responsible 
for  the  contracts  or  faults  of  such  corporation  in  any  further  sum  than 
the  unpaid  balance  due  to  the  company  on  the  shares   owned  by  him; 


CORPORATIONS.  81 

nor  shall  any  mere  informality  in  organization  have  the  effect  of 
rendering  a  charter  null  or  of  exposing  a  stockholder  to  any  liability 
beyond  the  amount  of  his  stock. 

Sec.  9.     That  in   all  cases   where  railroads,    plankroads  or  canals  Rights  and  du- 
shall  cross  any  highway,  the  corporation  shall  so  construct  the   works  piankroTd  and' 
as  not  to  hinder,  impede  or  obstruct  its  safe  and   convenient  use ;  and  ^^^^^  companies 
n  1  .,,,,-.  ,        ,     „    ,  ,   m  constructing 

m  ail  cases  where  railroads,  plankroads  or  canals  shall  be  consti-ucted  works  across 

or  dug  across  any  plantation  or  land  in  cultivation,  or  that  may  be  pifatltfons.'" 
cultivated,  the  corporation  shall  so  construct  the  work  as  not  to  hinder, 
impede  or  obstruct  the  drainage  of  the  land ;  and  if  any  railroad  or 
plankroad  shall  in  its  course  cross  any  tide  waters  or  navigable  rivers 
or  streams,  the  company  may  erect,  for  the  sole  and  exclusive  use  of 
such  railroad  or  plankroad,  the  bridges  required  for  crossing,  but  such 
bridges  shall  be  so  constructed  as  not  to  obstruct  or  necessarily  impede 
the  navigation  of  said  waters  or  streams. 

Sec.  10.     That  all  laws  contrary  to  the  provisions  of  this  act,  and  all  Certain  laws  re- 
laws  upon  the   same  subject-matter,  except  what  is   contained  in   the  ^^^  ^  * 
Civil  Code  and  Code  of  Practice  be  repealed. — Act  1855,  p.  182. 

An  Act  for  the   organization  of  Corporations  for  Literary,  Scientific, 
Religious  and  Charitable  Purposes* 
Section  1.     Be  it  enacted  by   the  Senate  and  House  of  Representatives 
of  the  State  of  Louisiana  in   General  Assembly  convened.    That  whenever  Manner  in 
any  number  of  persons,  exceeding  six,  may  be  desirous  of  forming  them-  T^^ich  any  num- 
selves  into  a   corporation   or  body   politic,   for  any  religious,  scientific,  exceeding  six, ' 
literary   or   charitable   purpose,    and   to  acquire  and   enjoy   the  rights,  ^WesTn'to'^a^Sr. 
privileges  and  powers  of  a  body  corporate  and  politic  in  law,    it  shall  be  ppration  for  reii- 

„  ./  r-  r  >  gious,  scientific, 

lawful  for  such  persons  to  prepare  and  sign  an  iastrument,  either  in  an  literary  or  char- 
autheniic  form  or  under  private  signature,  wherein  they  shall  declare  ^  *  ^  purposes. 
and  specify  the  purposes  , and  objects  of  such  corporation;  the  name, 
style  and  title  thereof ;  the  place  chosen  for  its  domicil;  the  manner  in 
which  such  managers  and  officers  are  to  be  chosen  ;  the  officer  on  whom 
citations  may  be  served;  and  the  length  of  time  during  which  the  corpo- 
ration shall  exist  and  continue.  The  act  of  incorporation  shall  be  handed 
to  the  district  attorney  of  the  district  in  which  the  domicil  is  fixed, 
for  examination  as  to  its  legality ;  and  should  he  be  of  opinion  that  the 
purposes  and  objects  of  the  corporation,  as  specified  in  said  act,  are 
legal,  and  that  none  of  the  provisions  therein  contained  are  contrary  to 
law,  he  shall  endorse  his  opinion  to  that  effect  thereon.  The  act, 
together  with  the  opinion  of  the  district  attorney,  shall  then  be  recorded 
in  the  office  of  the  parish  recorder,  or  other  officer  performing  the  duties 
of  parish  recorder,  which  act,  when  so  recorded,  shall  constitute  the 
subscribers  to  the  same,  and  their  associates  and  successors,  a  body 
politic  and  corporate,  for  the  purposes  and  objects  declared  and  con- 
tained in  the  act  and  shall  have  continuance  and  succession  by  the  name, 
style  and  title  as  set  forth  in  the  act,  a  copy  of  which,  duly  certified  by 
the  officer  in  whose  office  the  same  is  'recorded,  shall  be  full  and  com- 
plete evidence  of  the  contents  of  the  original  act.  In  no  case  shall  the 
provisions  of  this  section  be  construed  to  apply  to  free  persons  of  color 
11 


82 


CORPORATIONS, 


In  what  case  a 
rule  may  be 
taken  on  district 
attorney. 


How  amend- 
ments  may  be 


Powers  of  such 
corporations. 


Further  powers 
of  corporations. 


in  this  State,  incorporated  for  religious  purposes  or  secret  associa- 
tions. 

Sec  2.  That  in  case  the  district  attorney  shall  neglect  or  refuse  to 
give  the  certificate  required  by  the  above  section,  the  applicant  may 
take  a  rule  on  him  in  the  district  court  of  the  parish  in  which  it  is 
intended  for  such  corporation  to  have  its  domicil,  to  show  cause  within 
ten  days  from  the  service  thereof  why  the  applicant  should  not  be  created 
a  corporation  according  to  th-e  terms  and  conditions  set  forth  in  the  act 
of  incorporation.  Should  the  district  judge  be  of  opinion  that  the  pur- 
poses and  objects  of  the  corporation,  as  specified  in  the  act,  are  legal,  he 
shall  give  judgment  accordingly,  a  copy  of  which  judgment  shall  be 
recorded  with  the  act  in  the  office  of  the  recorder  of  mortgages,  or  other 
officer  exercising  his  duties,  in  lieu  of  the  certificate  of  the  district 
attorney. 

Sec.  3.  That  when  any  corporation  may  be  desirous  of  improving, 
amending  or  altering  the  articles  and  conditions  upon  which  the  corpo- 
ration may  be  incorporated,  it  shall  be  lawful  for  such  corporation  in 
like  manner  to  draw  up  an  act  specifying  and  containing  the  alterations, 
improvements  or  amendments  which  they  may  desire  to  make  in  the  ori- 
ginal act  of  incorporation,  which  act  shall  be  handed  to  the  district 
attorney  for  his  opinion  as  to  the  legality  of  the  alterations,  amendments 
or  improvements  proposed,  and  he  shall  give  his  opinion  touching  the 
legality  of  the  same ;  and  in  case  of  the  refusal  or  neglect  of  the  district 
attorney  to  give  the  certificate  required,  the  parties  may  take  rule  on 
him  to  show  cause,  as  provided  in  the  preceding  section;  which  certi- 
ficates of  the  district  attorney,  or  opinion  of  the  judge,  ^all  be  recorded 
in  the  manner  and  form  Required  above. 

Sec.  4.  That  sach  corporation  shall  have  full  power  and  authority 
10  make,  have  and  use  a  common  seal,  with  such  device  and  inscription 
as  they  shall  respectively  deem  proper,  and  the  same  to  break,  alter  and 
amend  at  their  pleasure,  and  by  the  name,  style  and  title  by  them 
respectively  provided  and  declared  aforesaid,  shall  be  capable  in  law  to 
sue  and  be  sued,  and  shall  be  authorized  and  empowered  to  make  rules, 
by-laws  and  ordinances,  and  to  do  everything  needful  for  their  good 
government  and  support  not  repugnant  to  the  constitution  and  laws  of 
the  United  States,  to  the  constitution  and  laws  of  this  State,  or  to  the 
instrument  upon  which  the  corporation  respectively  are  formed  and 
established. 

Sec.  5.  That  said  corporation  shall  be  capable  in  law,  according  to 
the  terms  and  conditions  upon  which  the  said  corporations  are  formed 
and  established ;  to  take,  receive  and  hold  all  manner  of  lands, 
tenements,  rents  and  hereditaments,  and  any  sum  of  money,  and  any 
manner  and  portion  of  goods  and  chattels  given  and  bequeathed  unto 
them  or  acquired  by  them  in  any  manner  respectively ;  to  be  employed 
and  disposed  of  according  to  the  objects,  articles  and  conditions  of  the 
instrument  upon  which  the  corporations  resppctively  are  formed  and 
established,  or  according  to  their  articles  and  by-laws,  or  of  the  will  and 
intention  of  the  donors. 


CORPORATIONS.  88 

Sec.  6.     That  no  corporation,  organized  by  authority  of  this  act,  shall  Befitrictions 
hold  property  of  a  value  exceeding  three  hundred  thousand  dollars.     No  porutiong. 
church  corporation   or   minister  of  the  gospel,  for  himself  or  the  benefit 
of  a  church  corporation,  bhall  be  allowed  to   accept   a  bequest  made 
in  articulo  mortis. 

Sec.  7.     That  all  laws  contrary  to  the  provisions  of  this  act,  and  all  Repealing  clause, 
laws  on  the  same  subject-matter,    except  what  is   contained  in  the  Civil 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  185. 

An  Act  to  extend  the  powers  of  Railroad  Companies. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That  in  addition  to  Power  to  borrow 
the   powers   conferred   by  law    upon   railroad  companies,    any   railroad  of  bonds  secured 
company  established  under  the  laws  of  this  State  may  borrow  from  time  ^^  mortgage, 
to  time  such  sum  of  money  as  may  be  required  for  the  construction  or 
repairs  of  any  railroad,  and  for  this  purpose  may  issue  bonds  or  their 
obligations,  secured  by  mortgage  upon  the  franchises  and  all  the  property 
of  said  companies,  and  payable  at  such  times  and  places  as  the  president 
and  directors  may   designate,  with   power   to    sell,  pledge  or  otherwise 
dispose  of  said  bonds,  on  fauch  terms  as  the  said  president  and  directors 
may  deem  expedient. 

Sec.  2.     That  a  mortgage  made  by  any  company,  as  aforesaid,  shall  Mortgage  when 
be  binding  in  the  several  parishes  through  which   a  railroad  may  pass,  rworded  to  be 
by  the  record  of  the  mortgage  in  the  parishjvhere  the  principal  office  or 
domicil  of  the  company  may  be  located,  and  such  mortgage  need  not  be 
re-inscrib^d  to  continue  it  in  force.     The  president  and  directors  of  any 
company  may  confer  on  the  holder  of  any  bond   or  bonds  issued   for 
money  for  the  use  of  said  company,  the  right  to  convert  the  principal,  due  Bight  may  be 
thereon,  into  the  stock  of  said  company  at  any  time,  not  exceeding  ten  ^^rt  hmidsToto 
years  from  the  date  of  said  bond  or  bonds,  under  such  regulations  as  the  capital  stock. 
president  and  directors  may  adopt ;    provided,  that  nothing  in  this  act 
shall  be  so  construed  as  to  authorize  an  increase  in  the  capital  stock  of 
any  railroad  company. 

Sec.  3.     That  copies  of  all  the  books  and  records  kept  by  the  several*  certified  copies 

railroad  companies  in  this  State,  including  extracts  from  the  stock  books  ^^  certain  papers 
^  7  o  may  be  received 

and  minutes  of  the  proceedings  of  the  Directors,   certified  by  the  secre-  in  evidence, 
taries  of  said  companies,  under  the  seal  of  the  company,  shall  be  received 
in  all  the  courts  of  this  State  as  evidence  in  place  of  the  originals. 

Sec  4.     That  this  act  shall  take  effect  from  and  after  its  passage. —  when  this  act 
Acta  of  1856,  p.   205.  takes  effect. 

For  Telegraph  Companies,  see  Act  of  1855,  page  109.  For  Corporations 
generally,  see  Civil  Code,  Art  418,  et  seq. 


84  CURRENCY — BOARD  OF 

COTTON  PRESSES  AND  PICKERIES. 


An  Ordinance  relative  to  Cotton  Presses  and  Pickeries. 

Not  lawful  to  No.  245.  (1.)     It  shall  not  be  lawful  for  any  person  or  persons, 

without  the  permission  of  the  common  council,  to  erect  within 
the  limits  of  the  city  any  building  for  a  cotton  press  or  cotton 
pickery,  or  to  use  any  building  or  lot  for  that  purpose,  under  the 
penalty  of  a  fine  of  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  day  that  such  building  or  lot  shall  be 
used  in  violation  of  this  ordinance. 

Repealing  clause.  No.  246.  (2.)  All  Ordinances  or  parts  of  ordinances  conflicting 
with  the  foregoing  provisions,  and  all  ordinances  and  parts  of 
ordinances  on  the  same  subject-matter,  are  hereby  repealed. 

City  Ordinance,  No.  3150.    Approved  Dec.  17, 1856, 
For  "City  Tax,"  see  Nos.  658  and  663. 


CURRENCY— BOARD  OF. 

ACTS    of  THE    LEGISLATURE. 

An  Act  to  authorize  and  require  the  State  Treasurer  and  Secretary  of 
State  to  perform  the  duties  heretofore  required  of  the  Board  of  Cur- 
rency, in  supervising  the  operations  of  the  banks. 
Sectiok  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Certain  duties       ^^^  ^''^^^  ^^  Louisiana  in    General  Assembly   convened,    That  the   State 
relative  to  the       treasurer  and  secretary  of  State  shall  take  care  that  the  paper  money 
banks  assigned       .  it,  !•„,-,  -,  -i  ij?ii- 

to  the  State  issued  under  the  authority  of  the  State  be  not  depreciated,  and  tor  tnis 

secrSry^o^f^W  P^^P°^®  ^^®  following  powers  are  vested  in  them,  to  wit : 
To  supervise  th^     1st.     To  Supervise  the  faithful  execution  of  the  laws  establishing   and 
Srreguiatin^g''   regulating  banks,  and  of  the  charters  and  by-laws  of  all  banks   working- 
banks,  under  them. 
Quarterly  exami-      2d.     Thoroughly  to  examine  the    affairs  of  any  bank,  whenever  they 

may  deem  it  expedient  to  do  so,  and  at  least  quarterly. 
Weekly  state-  ^^'     To  require  of  the  president  and  cashier  of  each  bank,  on  Saturday 

nientto  be  made  ^f  gg^Qj^  week,  the  following  statement  in  a  printed  form  signed  by  them: 

First      Capital  realized,  $ , 

Second.  Amount  of  "dead  weight,"  under  the  respective  heads  of 
real  estate,  loans  on  stock,  long  loans,  personal  or  otherwise,  protested 
paper  and,  in  fine,  of  all  assets   not  realizable  within  ninety  days. 

Third.  Movement  of  the  bank,  to  wit :  Loans  on  paper  payable  at 
maturity,  and  intended  to  meet  the  two-thirds  of  cash  liabilities  unrep- 
resented by  specie  ;  Circulation ;  Deposits  and  other  cash  liabilities ; 
Specie  and  cash  assets. 


•  CURRENCY — BOARD  OP  86 

Said  statements  shall  be  regularly  furnished   on  the  last  Saturday  of  Monthly  publlca- 
each  month,  and  shall  be  signed  by    the  treasurer  and  secretary,  and 
published  in  the  State  paper,  on  the  first  Monday  in  each  month. 

Sec.  2.  That^the  treasurer  and  secretary,  whenever  they  m'ay  think  Power  to  call 
it  expedient,  shall  have  a  right  to  call  a  meeting  of  the  proprietors  of  prietors  of  banks, 
any  one  of  the  banks,  to  take  cognizance  of  its  affairs,  and  to  call  annually, 
and  at  least  thirty  days  before  the  election  of  directors  for  the  ensuing 
year,  a  meeting  of  the  proprietors  or  stQckholders  of  each  bank,  and  to 
lay  before  them  full  reports  of  its  operations  during  the  year,  and  of  its 
real  situation. 

Sec.  3.     That  they  shall  lay  before  the  Legislature,  in  the   first  week  Report  to  the 
of  their  annual  session,  or  as  soon  as  practicable  thereafter,   a  full  copy 
of  all  proceedings  at  such  meetings  of  the  stockholders,  and  of  all   their 
own  doings  during  the  year.     And  it  shall  be  the  duty  of  the   president  Copies  of  protest 
and  cashier  of  each  bank  to  furnish  them  copies  of  any  protest  that  may  ^  p^re^^ent  and 
b^  entered  by  any  director  of  the  bank,  so  soon  as  the  same  shall  be  cashier, 
entered  in  its  minutes. 

Sec.  4.  That  as  a  compensation  for  the  duties  herein  required  of  the  Compensation, 
treasurer  and  the  secretary  of  State,  they  ^all  be  entitled  to  demand 
yearly  each  the  sum  of  twelve  hundred  dollars,  free  from  all  expenses  of 
office.  Their  expenses  shall  not  exceed  the  yearly  sum  of  one  thousand 
dollars.  Their  compensation  and  expenses  shall  be  assessed  upon  all 
banks  subject  to  their  supervision  in  proportion  to  the  capital  paid  in  by 
each  bank  respectively.  * 

iSbc.  5.     That  all  laws  contrary  to  the  provisions  contained  in  this  act^  Repealing  clause, 
and  all  laws  upon  the  same-subject  matter,  except  what  is  contained   in 
the  Civil  Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  119. 

An  Act  relative  to  the  Board  of  Currency. 
Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  Slate  of  Louisiana  in  General  Assembly  convened,     That  an  additional  Additional  mem- 
member  of  the  board  of  currency,  as  now  constituted,  shall  be  appointed  of  currency  °to^be 
by  the  governor   of  the  State,   by   and  with  the  advice  and  consent  of  appointed  by  the 
the  Senate.  governor. 

Sec.  2.     That  the  additional  member  provided  for  in  the  first  section  Qualification  of 
of  this  act,  shall  be  a  citizen  of  this  State,  and  before  entering  upon  his  ^^^^  member, 
duties  shall  subscribe  to  the  oath  prescribed  by  the  ninetieth  article   of  Oath  of  office, 
the  Constitution  ;  he  shall  reside  in  the  city   of  New  Orleans,  and  shall 
preside  at  all  meetings  of  said  board  ;  he  shall  hold  his  office  for  the  term  ^*^  d"t»es. 
of  four  years,  unless  sooner  removed  by  the  governor  of  the  State ;    he 
shall,  in  the  absence  of  the  other  members  of  the  board,  supervise  all 
proceedings  as  provided  for  in  an   act  entitled  *•  an  act  to  authorise  and 
require  the  state  treasurer  and  secretary  of  state   to  perform  the  duties 
heretofore  required  of  the  board  of  currency,  in  supervising   the   opera- 
tions of  the  banks,"  approved  March  12th,  1855. 

Sec.  3.     That  the  president  of  the  board  of  currency  shall  receive  an  Salary  of  the 

annual  compensation  of  two   thousand   dollars,    to   be  paid  in  the  same  P'"«"^''°'^  °*  t^® 

^  DO&rci  oi  cur* 

manner  as  the  other  officers  of  said  board  are  now  paid.  ren.  y. 

Sec.  4.     That  this  act  shall  take  effect  from  aad  after  its  passage.—  When  tUs  act 
Acts  of  1856,  p.  130.  ^''"s  «ff««t- 


ELECTIONS. 

DAIRIES.— See  '^Stables/'  No.  780. 


DRAINS,    DRAINING  COMPANY. 

DECISION    OF    SUPREME    COURT. 

Gutters  and  drains  in  the  city  of  New  Orleans  are  intended  to  carry 
off  the  water  which  falls  from  mins,  or  percolates  through  the  ground, 
and  they  can  be  used  by  manufacturers  as  drains,  only  when  that  use 
does  not  result  in  a  nuisance  ;  and  this  right  is  dependent  upon  the  will 
of  the  local  government  — 5  Ann.  p.  424. 

For  late  decision  relative  to  right  of  company  to  receive  dues  for 
draining,    see  11  Ann. 

ACTS  OF  THE  LEGISLATURE. 
For  Incorporation  of  Draining  Company,  see  Acts  of  1835,  p.  67. 


Subscription  to 
stock  companies. 


Duty  of  treasu- 
rer. 


ELECTIONS. 

An  Ordinance  prescribing  the  manner  of  holding  all  elections  that  may 
become  necessary  bv  virtue  of  the  third  seotion  of  the  act  of  Legis- 
lature, passed  on  tne  12th  of  March,  1852,  entitled  "an  act  providing 
for  the  subscription  of  the  Parishes  and  Municipal  Corporations  of  this 
State,  to  the  stock  of  corporations  undertaking  works  of  Internal 
Improvements,  and  for  the  payment  and  disposal  of  stock  so  sub^ 
scribed." 

No.  247.  (1.)  Whenever  it  shall  become  necessary  to  hold 
the  special  elections  required  under  the  3rd  section  of  the  act 
of  the  Legislature,  passed  on  the  12th  March,  1852,  entitled 
"  an  act  providing  for  the  subscription  by  the  parish  and 
municipal  corporations  of  this  State,  to  the  stock  of  companies 
undertaking  works  of  internal  improvement,  and  for  the 
payment  and  disposal  of  stock  so  subscribed '' — the  said  election 
shall  be  held  and  conducted  in  the  same  manner  as  if  provided 
in  the  act  consolidating  the  city  of  New  Orleans  for  all  other 
municipal  elections ;  the  ofl&cers  shall  be  appointed  and  qualified 
and  the  returns  made,  and  the  result  proclaimed  in  the  manner 
specially  pointed  out  in  the  11th  and  12th  sections  of  said  last 
named  act;  but  it  shall  not  be  necessary  to  hold  the  election 
at  more  than  one  precinct  in  each  ward,  which  shall  be  desig- 
nated by  the  mayor  in  the  advertisement  calling  the  election. 

No.  248.     (2.)     That  the  city  treasurer  proceed  immediately 
to  prepare  an  alphabetical  list  of  all  persons  paying  taxes  on 


ELECTIONS.  87 

landed  estate  in  the  city  of  New  Orleans,  and  to  keep  said  list 
in  his  office,  and  to  correct  the  same  from  time  to  time,  as  often 
as  the  changes  in  the  names  of  the  tax  payers  may  require  it, 
and  it  shall  be  the  duty  of  said  city  treasurer,  whenever  a 
special  election  is  ordered  as  aforesaid,  to  furnish  a  copy  of  said 
list  for  each  precinct  at  which  the  votes  are  ordered  to  be  taken, 
to  the  commissioners  or  inspectors  of  election. 

city  Ordinance,  No.  36  ;  approved  May  17th,  1852. 

No.  249.  Hereafter  the  amount  to  be  allow.ed  for  payment  Refreshment 
of  refreshments  to  judges  and  clerks  of  elections  held  in  the 
city  of  New  Orleans,  shall  not  exceed  the  following  rates,  to 
wit ;  twelve  dollars  at  precincts  where  less  than  two  hundred 
votes  shall  be  polled,  and  three  dollars  in  addition  on  every 
additional  one  hundred  votes  received  in  the  larger  precincts, 
provided  that  in  no  case  shall  the  amount  allowed  exceed  twenty- 
five  dollars. 

City  Ordinance,  No  121. 

No.  250.     Any  member  connected  with  the  police  department  Police  inter- 
who  shall  improperly  interfere  at  elections,    or   make  use  of  the 
influence  of  his  office  in  elections,  shall  be  discharged. 

City  Ordinance,  No.  28.  Article  17. 

For  adrertising  Election  Notices,  see  "Official  Paper,"  No.  665. 
Coffee  Houses  not  to  be  kept  open  on  election  days,  see  No.  175. 

STATE  CONSTITUTION. 
Art.  13.     No  person  shall  be   entitled  to  vote  at  any  election  held 
in  this  State,  except  in  the  parish   of  his  residence,    and  in  cities  and 
towns  divided  into  election  precincts,  in  the  election  precinct  in  which 
he  resides.  , 

Art.  98.     In  all  elections  by  the  people  the  vote  shall  be  by  ballot, 
and  in  all  elections  by  the  Senate  and  House  of  Representatives,  jointly 
or  separately,  the  vote  shall  be  given  viva  voce. 
See  Constitution,  Art.  126. 

DECISIONS    OP    SUPREME    COURT. 

An  action  of  damages  will  lie  against  the  commissioners  of  elections, 
when  their  decision  is  not  the  result  of  error  but  of  malice,  and  intent 
to  deprive  the  citizen  of  his  right,  or  to  overawe  and  control  him  in  its 
exercise. — 6  Ann.  p.  467. 

ACTS  OF  THE  LEGISLATURE. 

For  Number  and  Limits  of  Wards,  see  Acts  of  1852,  p.  43,  sect.  2, 
placed  under  title  of  •'Common  Council." 

Sec.  12.     That  on  or  before  the  first  Monday  in  May,  1856,   the  couudi  to  estab-^ 
common  council  shall  lay  out  and  establish  a  sufl&cient  number,   not  less  d^ts!^^*"*^  ^'** 


88  ELECTIONS. 

than  four,  of  election  precincts  in  each  of  the  districts  established  by 
section  second  of  this  act ;  each  of  which  precincts  shall  coutain,  as 
nearly  as  practicable,  an  equal  number  of  qualified  voters.  And  the 
common  council  shall  make  an  accurate  description  of  said  precincts,  and 
cause  the  same  to  be  published  in  the  official  journal  of  the  said  common 
council,  and  if  at  any  election  thereafter  more  than  five  hundr  d  votes 
be  polled  in  any  of  said  precincts,  then  at  some  period,  at  least  forty 
days  previous  to  the  next  succeeding  election,  the  common  council  shall 
rearrange  the  divisions  of  the  precinct  or  precincts  wherein  such 
vote  has  been  polled,  and  increase  the  number  thereof  if  necessary. 
And  in  case  the  said  common  council  shall  fail  to  make  such  rearran- 
gement of  said  precincts,  the  mayor  shall  make  the  same  at  least  thirty 
days  previous  to  the  next  succeeding  election. 

Appointment  and  Sec.  13.  That  the  election  at  each  of  said  precincts  shall  be 
?n"pe?Sami°^  conducted  by  three  inspectors  of  elections,  one  of  whom  shall  be  appoin- 
clerksof  elec-  ted  by  the  mayor  of  the  city  of  New  Orleans  for  the  time  being,  one  by 
the  board  of  aldermen,  and  one  by  the  board  of  assistant  aldermen. 
Two  clerks  shall  also  be  appointed  at  each  of  said  precincts  ;  one  by  the 
board  of  aldermen,  the  other  by  the  board  of  assistant  aldermen,  and 
they  shall  possess  the  same  qualification  required  for  the  officers  named 
in  section  seven,  without  the  qualification  as  to  property.  The  said 
inspectors  and  clerks  shall  be  legally  qualified  voters  of  the  precincts  in 
which  they  act,  and  shall  be  severally  sworn  by  the  mayor  two  days 
previous  to  the  election,  according  to  the  provisions  of  the  ninetieth 
article  of  the  Constitution  of  the  State,  and  they  shall  take  the  further 
oath  that  they  possess  the  qualifications  prescribed  by  this  act.  Said 
inspectors  and  clerks  shall  be  appointed  at  least  ten  days  before  the 
Publication  to  be  election;  and  the  mayor  shall  cause  to  be  published  in  the  official 
mayor.  ^^^  journal,  at  least  five  days  before  the  election,  a  proclamation,  setting 
forth  the  day  on  which  the  election  is  to  take  place,  the  precincts  and 
polls  established,  the  names  of  the  inspectors  and  clerks  at  each,  and 
the  hours  at  which  the  polls  will  be  opened  and  closed  ;  provided,  that 
in  case  of  a  vacancy  in  the  office  of  inspector  or  clerk  at  any  precinct, 
arising  from  the  neglect  or  refusal  of  either  board  to  appoint,  or  the 
neglect  or  refusal  of  the  person  appointed  to  attend,  or  the  sickness  or 
death  of  the  person  appointed,  it  shall  be  the  duty  of  the  mayor  to 
supply  the  place  of  the  absent  inspector,  and  of  the  inspectors  to  supply 
the  place  of  the  absent  clerk. 

Returns  of  Sec.  14.     That  the  returns   of  said  election  shall  be  made  by  said 

m2°°'  ^°^  inspectors  to  the  mayor,  or,  in  case  said  mayor  be  a  candidate  for 
re-election^  to  the  sheriff  of  the  parish  of  Orleans,  who  shall  in  the 
presence  of  the  recorders  of  said  city,  specially  notified  by  the  mayor 
or  sheriff,  as  the  case  may  be,  for  that  purpose,  within  three  days  after 
said  returns  have  been  received,  and  with  the  aid  of  said  recorders, 
open  and  examine  said  returns,  and  proclaim  the  result  of  said  elections, 
which  they  shall  cause  to  be  published  under  their  official  signatures  in 
the  official  journal  of  said  common  council ;  provided,  that  in  the 
event  of  the  failure  to  attend  of  the  mayor  or  recprder,  o,r  any  of  them. 


FACTORIES,   TANNERIES,   SLAUGHTER  HOUSES,  ETC. 

at  the  time  and  place  appointed,  the  absentee's  duties  may  be  fulfilled 
by  any  justice  of  the  peace;  and  provided  further,  that  any  justice  of 
the  peace  may  take  the  place  of  any  mayor  or  recorder  interested  in 
said  returns. — Acts  of  1856,  p.  138. 

See  "Act  relative  to  Elections,"  Acts  of  1855,  p.  408. 

Acts  of  1856,  p.  117,  and  p.  9. 


EVENINa  auN. 


No.  251.  That  the  captains  of  police  of  the  first,  second,  ^^"^5^^^°°^ 
third  and  fourth  districts  be,  and  are  hereby,  instructed  to  pur- 
chase the  powder  necessary  for  firing  the  evening  guns  in  said 
districts,  and  present  the  vouchers  for  the  same,  after  they  have 
been  approved  by  the  chief  of  police,  and  it  shall  be  the  duty  of 
the  said  captains  to  detail  a  member  of  the  police  force  of  each 
of  said  districts  to  fire  the  said  evening  guns,  without  extra 
compensation. 

City  Ordinance,  No.  292. 

As  to  tlie  "Hour  of  firing,"   see  No.  766. 
Hour  for  slaves  to  be  homo,  see  No.  766. 


FACTORIES,  TANNERIES,  SLAUGHTER  HOUSES,  ETC. 

No.  252.  (1.)  From  and  after  the  passage  of  this  ordinance,  permission  of 
it  shall  not  be  lawful  for  any  person  or  persons  to  establish  either  obtained. 
a  soap  factory,  tannery,  bone  black  factory,  camphene  factory  or 
slaughter  house,  within  the  limits  of  this  corporation  or  to 
continue  any  that  may  now  be  established,  without  first  having 
obtained  permission  of  the  common  council,  u\ider  a  penalty  of 
one  hundred  dollars  for  each  and  every  ofi"ense,  recoverable  before 
any  court  of  competent  jurisdiction  for  the  benefit  of  the  city. 

No.  253.     (2.)  That  all  ordinances  or  parts  of   ordinances  Repealing  clause, 
contrary  to  the  provisions  of  this  be,  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No.  2084. 

No.  254.     (1.)  That  it  shall  be  the  dutv  of  every  butcher,  or  Animals,  how 
other  person  who  slaughters,  or  causes  to  be  slaughtered,  any  slaughtered, 
animals  within  the  limits  of  this  city,  to  do  the  same  in  a  slaughter 

house,  and  not  in  the  open  air;  said  slaughter  house,  and  the 
12 


90 


FENCES,   WALLS  AND  DITCHES. 


Penalty  for  leav- 
ing blood,  etc.,  in 
streets,  etc. 


Offensive  odors. 


lot  on  whicli  it  is  situated,  shall  be  kept  clean ;  all  blood  and 
filth  from  each  house  and  lot  shall  be  removed  immediately,  and 
thrown  into  the  current  of  the  river. 

No.  255.  (2.)  That  no  blood,  beeves'  feet,  heads,  or  any 
other  matter  which  may  exhale  a  disagreeable  odor,  Shall  be 
deposited  or  left  in  any  street,  or  on  any  lot  or  square  of  ground 
within  said  limits,  under  a  penalty  of  from  ten  to  fifty  dollars 
for  each  offense ;  to  be  recovered  for  the  use  of  the  city. 

No.  256.  (3.)  That  if  any  slaughter  house,  or  lot  upon 
which  it  is  situated,  emits  or  exhales  any  oifensive  odor,  the  occu- 
pant or  owner  thereof,  shall  be  fined  from  five  to  twenty-five 
dollars  ;  to  be  recovered  for  the  use  of  the  city. 
Owner  of  house,  No.  257.  (4.)  That  if  any  blood,  feet,  heads,  or  other'parts 
.,  re^ponsi  .  ^^  slaughtered  animals  are  found  in  any  slaughter  house,  or  upon 
any  lot  in  this  city,  which  emits  or  exhales  a  bad  odor,  the  owner 
or  occupant  of  said  slaughter  house  or  lot  shall  be  liable  to  a  fine 
of  ten  dollars;  recoverable  for  the  use  of  the  city. 

No,  258.  (5.)  That  the  police  ofiicers  shall  visit,  at  least 
once  in  every  week,  each  and  every  slaughter  house,  or  place  in 
which  animals  are  killed,  and  see  that  the  provisions  of  this 
ordinance  are  observed. 

Lafayette  Ordinance,  approved  May  22, 1833. 


Duty  of  f  dice 

officers. 


FENCES,  WALLS  AND  DITCHES. 


Tences  tb  be 
made. 


Penalty  for  neg- 
lect, etc. 


Disposition  of 
fines. 


No.  259.  In  all  cases  where  banquettes  or  sidewalks  are 
made  in  front  of  or  bordering  any  lot  or  lots  of  ground  within 
this  city,  it  shall  be  the  duty  of  the  owner  or  owners  of  such  lots 
to  cause  the  same  to  be  fenced  with  good  substantial  picket  or 
board  fences,  so  as  to  protect  said  sidewalks. 

No.  260.  It  shall  be  the  duty  of  the  street  commissioner  and 
his  deputies  to  notify  the  owners  or  the  agents,  where  the  same 
can  be  known,  in  writing,  to  comply  with  the  preceding  resolution, 
within  thirty  days  after  service  of  said  notice,  and  in  case  said 
owners  or  their  agents  shall  not  comply  with  said  notice,  then 
said  owners  or  their  agents  shall  be  liable  to  a  fine  or  penalty  of 
ten  dollars  for  every,ten  days  in  contravention,  recoverable  before 
any  court  of  competent  jurisdiction. 

No.  261.  In  case  any  fines  shall  be  recovered  as  aforesaid, 
the  street  commissioner  shall  apply  so  much  thereof  as  may  be 


FERRIES.  91 

necessary  to  cause  tlie  work  to  be  done,  and  pay  the  balance,  if 
any,  into  the  city  treasury. 

City  Ordinance,  No.  1851. 

gee  Civil  Code,  Art.  671,  et  seq. 


rERRIES.* 

No.  262.      Whereas,  complaints  are  frequently  made  that  the  . 

different  ferries  between  the  city  of  New  Orleans  and  the  right 

bank  are  not  properly  administered,  and  that  the  lessees  thereof 

have  not  and  do  not  comply  with  the  terms  and  conditions  of 

their  contracts — 

Be  it  therefore  resolved.  That  it  is  hereby  made  the  duty  of  Duty  of  street 

.  ,        conuuissioner. 

the  street  commissioner  to  examine  into  the  manner  in  which 

the  said  ferries  have  been  and  are  conducted,  and  in  case  he  shall 

ascertain  that  there  is  any  reasonable  ground  of  complaint,  or 

that  the  lessees  do  not  strictly  comply  with  the  terms  of  their 

contracts,  that  he  report  them  to  the  city  attorney,  or  assistant 

city  attorney,  as  the  case  may  be,  for  such  proceedings  as  the 

circumstances  or  laws  may  warrant. 

City  Ordinance,  No.  1937. 

ACTS  OF  THE  LEGISLATURE. 

Sbc.  5.     That  the  common  council  of  the  city  of  New  Orleans,  with  Ferries,  ho-w 
the  police  jury  of  that  part  of  the  parish  of  Orleans,  on  the  right  bank  the  parish  of^ 
of  the  Mississippi  river,  shall  have  power  to  establish  ferries  across  Orleans, 
said  river,  in  the  parish  of  Orleans,  and  to  regulate  the  same. — Acts  of 
1855,  page  368. 

DECISIONS  OP    SUPREME    COURT. 

The  police  jury  of  the  parish  of  Orleans  have  a  concurrent  right 
with  the  city  council  to  establish  ferries  opposite  the  city. — 3  M.  R. 
711. 

It  is  no  violation  of  an  exclusive  right  to  carry  persons  across  the 
river  Avithout  demanding  payment. — 4  N.  S.  426. 

Police  juries  are  authorized  to  establish  ferries  and  to  annex  penalties 
to  violations  of  the  exclusive  privileges  they  may  grant  to  the  lessees, 
and  they  possess  the  power  to  sell  such  ferry  privileges  at  auction.  But 
statutes  granting  such  powers  must  be  strictly  construed,  and  the  exer- 
cise of  the  powers  conferred  limited  to  the  precise  terms  of  the  grant. — 
3  Ann.  Rep.  365  ;  3  La.  Rep.  95. 

*  The  rules  and  regulations  governing  ferries  are  contained  in  the 
respective  contracts  made  by  the  city  with  the  lessees.  See  Ordinances, 
Nos.  1698,  1804,  2116,  2183,  2290,  2602,  2674,  2727,  2798,  2733,  2804, 
at  city  hall. 


92 


FIEE. 


FIRE. 


Chimneys, 
stoves,  construc- 
tion of  buildings, 
etc. 


Shavings,  bon- 
fires, etc. 


Combustible 
matter,  lights, 
etc. 


An  Ordinance  relative  to  Preventing  and  Extinguishing  Fires. 
No.  263  (1.)  No  chimney  shall  be  built  against  a  wooden 
partition,  beam,  joist,  or  other  piece  of-  timber  ;  no  beam,  joist, 
or  other  piece  of  timber  shall  be  placed  in  the  mantel-piece,  or 
the  flue  of  any  chimney ;  no  hearth  shall  be  laid  on  the  joist  of 
the  floor;  no  plank  or  other  combustible  material  shall  be 
laid  on  the  chimney  top,  and  the  flues  of  all  chimneys  shall  be 
raised  at  least  two  feet  above  the  peak  of  the  roof  of  the  house  ; 
no  oven,  furnace,  or  forge  shall  be  constructed  against  a  par- 
tition wall,  unless  a  counter-wall  be  made  in  masonwork,  or 
unless  there  be  left  a  space,  of,  at  least,  ope  foot,  if  the  partition 
wall  be  of  brick  or  stone,  and  four  feet  if  the  partition  enclosure 
be  of  pales  and  plank,  and  if  the  street  commissioner  or  chief  of 
the  fire  department  shall  find  any  chimney,  oven,  furnace,  forge, 
or  apparatus  so  defective  as  to  be  dangerous,  he  shall  make  a 
report  to  the  mayor,  who  shall,  in  writing  direct  the  owner  or 
his  agent  to  repair  or  remove  the  same,  within  such  time  as 
he  shall  deem  reasonable.  In  case  of  neglect  or  refusal,  the 
party  oifending  shall  be  fined  not  less  than  twenty-five  dollars, 
and  five  dollars  for  every  day  he  shall  continue  to  violate  the 
provisions  of  this  ordinance;  and  if  the  danger  be  considered 
imminent,  the  mayor  shall  cause  to  be  made  such  repairs  and 
changes  as  may  be  necessary  at  the  expense  of  the  person 
oifending;  providing  that  nothing  herein  contained  shall  be 
considered  as  relating  to  forges,  foundries,  and  steam  engines, 
or  affecting  the  ordinances  relative  to  the  same. 

See  No.  292. 

No.  264.  (2.)  It  shall  not  be  lawful  to  burn  any  shavings 
or  other  combustible  matter,  in  any  street,  square,  or  public 
place,  or  openly  in  any  yard  or  lot  near  any  inhabited  place; 
and  it  shall  be  the  duty  of  all  persons  engaged  in  any  trade  by 
which  shavings  are  made,  at  the  close  of  each  day,  on  leaving 
off  work,  to  cause  the  place  to  be  swept,  and  the  shavings  to 
be  carefully  removed  to  some  safe  position.  All  persons  violating 
the  provisions  of  this  section,  shall  be  fined  not  less  than  five, 
nor  more  than  twenty-five  dollars. 

No.  265.  (3.)  No  owner  or  occupant  of  any  stable  or 
dairy,  or  other  person  shall  use,  in  any  stable  or  place  con- 
taining hay,  straw,    or  combustible  matter,  any  lighted  candle 


riRE.  »o 

or  other  light,  unless  tlie  same  be  securely  kept  in  a  lantern, 
nor  shall  any  person  keep  any  cotton,  hay,  straw,  hemp,  pitch, 
tar,  rosin,  or  turpentine  in  any  warehouse,  stable,  or  other 
building  not  built  of  stone  or  brick,  and  covered  with  slate  or 
tile,  or  other  incombustible  materials,  nor  shall  any  person  keep 
any  cotton,  hay  or  straw  uncovered  in  stack  or  pile — provided, 
any  person  may  keep  for  domestic  use  hay  and  straw  in  wooden 
buildings.  All  persons  violating  the  provisions  of  this  section, 
shall  be -fined  not  less  than  ten  dollars,  nor  more  than  fifty 
dollars,  and  not  less  than  five  dollars  for  every  day  the  violation 
shall  continue  after  notice  from  the  mayor  or  street  com- 
missioner. 

No.  266.     (4.)     It  shall  not  be  lawful  for  any   person   to  pitch,  tar,  tur- 
boil  any  pitch,  tar,   rosin,   or  turpentine,   unless  in    an   open  ^®"  ^°®'  ® 
space,   at  least  thirty  feet  distant  from  any  building,  vessel,  or 
other  property  that  might  be  injured  thereby,  or  in  a  fire  proof 
building,   under  penalty  of  not  less  than  five,  nor  more  than 
twenty-five  dollars. 

No.  267.  (5.)  No  person  shall  fire  or  discharge  any  gun,  Firing  pistols, 
pistol,  fowling-piece,  or  fire  arms  within  the  limits  of  the  city, 
or  set  fire  to  or  discharge  any  rocket,  cracker,  squib,  or  serpent 
within  the  limits  of  the  city,  without  the  license  of  the  common 
council — provided,  that  nothing  herein  contained  shall  apply  to 
military  reviews.  All  persons  violating  the  provisions  of  this 
section,  shall  be  fined  not  less  than  five  nor  more  than  twenty- 
five  dollars. 

No.  268.  (6.)  The  owner  of  every  house  covered  with  wood.  Houses  to  have 
shall  provide  it  with  a  good  ladder,  of  the  height  of  the  house,  ^**^^"^- 
to  be  used  in  case  of  fire;  and,  moreover,  he  shall  provide  a 
ladder  fixed  permanently  on  the  roof  timber,  under  penalty  of 
five  dollars  for  every  month  the  owner  shall  neglect  to  comply 
with  the  requirements  of  the  section,  after  notice  from  the 
mayor  or  street  commissioner. 

No.  269.     (7.)     If  any   person,    without  reasonable   cause,  False  alarm  of 
shall  make  a  false  alarm  of  fire  by  outcry,  the  ringing  of  bells,  ^^^' 
or   otherwise,    he   shall  be    fined  not  less  than   ten  nor  more 
than  fifty  dollars. 

No.  270.     (8.)     When  in  order   to  stay   the   progress   of  a  Demolition  of 
fire,   it  shall  be  deemed  proper  to  demolish  one  or  more  houses  fi"ejttcf^  ^  ^^^ 
or  buildings,  the  mayor,  or,  in  his  absence,    the  chief  or  acting 
chief  of  the   fire   department,   shall   take  the  advice    of  three 
proprietors  of  houses,   and   if  he  and  they  be  unanimously  of 


94  FIRE  DEPARTMENT. 

opinion  that  the  house  or  houses  should  be  demolished,  then  the 
said  mayor,  or  chief,  or  acting  chief,  as  aforesaid,  shall  be 
authorized  to  give  orders  for  the  destruction  of  said  house  or 
buildings,  and  the  opinion  of  said  officers  and  advisers  shall  be 
reduced  to  writing  and  signed  by  them,  and  shall  be  recorded  in 
the  mayor's  office.  In  case  the  pulling  down  and  demolition 
of  any  house  or  building  by  the  direction  of  the  mayor,  or  other 
officer  aforesaid,  shall  be  the  means  of  stopping  the  said  fire,  or 
if  the  fire  shall  stop  before  it  comes  to  the  house  demolished, 
then  the  owner  of  such  house  or  building  shall  be  entitled  to 
recover  a  reasonable  compensation  therefore  from  the  city  ;  but 
when  the  building  so  pulled  down  or  demolished  shall  be  that 
in  which  the  fire  originated,  then  the  owner  shall  be  entitled  to 
no  compensation  therefor. 

See  No.  281. 

Repealing  clause.      No.  271.     (9.)     All  ordinances  or  parts  of  ordinances  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3172,    Approved  December  23,  1856. 
For  Fire  Limits,  etc.,  see  '•  Buildings,"  p.  30. 
For  Fire  on  Vessels,  see  No.  111. 
For  Fire  in  Markets,  see  No.  448 

ACTS    OF    THE    LEGISLATURE. 

Art.  688.  He  who  wishes  to  dig  a  well  or  a  necessary,  to  build  a 
chimney,  or  hearth,  a  forge,  an  oven,  a  furnace  or  stable,  to  put  up 
shelves  or  to  store  salt  or  other  cgrrosive  substances  near  a  wall, 
whether  held  in  common  or  not,  is  bound  to  leave  the  distance,  and  to 
cause  to  be  made  the  works  prescribed  by  the  regulations  of  the  police, 
in  order  that  his  neighbor  be  not  injured  thereby. 

And  if  there  be  no  regulations  of  police  upon  all  or  an^  of  these 
subjects,  he  shall  conform  to  the  following  rules,  in  cases  which  have 
not  been  foreseen. — Civil  Code. 


FIRE  DEPARTMENT. 


consist. 


An  Ordinance  concerning  the  Fire  Department. 

Of  what  it  shall        No.  272.     (1.)  Be  it  ordained  by  the  common  council  of  the 

city  of  New  Orleans,  That  the  fire  department  shall   consist  -of 

one  chief  engineer,  two  assistant  engineers  and  one  captain,  and 

one  lieutenant  for  each  organized   company;    thirteen   engine 


FIRE  DE1>ARTMEN1^.  95 

companies,  of  twenty  men  eacli ;  four  hook  and  ladder  companies, 
of  fifteen  men  each ;  one  steam  fire  engine  company,  to  be  com- 
posed of  one  engineer,  two  drivers,  one  fireman,  and  eight  hose 
pipe  men — one  hose  company  for  fire  engine  ^^  Young  America"  of 
ten  men,  and  of  two  bell-ringers. 

No.   273.     (2.)  That  each  engine  company  shall  be  provided  what  every 
with  one  engine,  one  hose  carriage,  five  hundred  feet  of  hose  of  provided  with, 
the  first  quality,  and  two  horses,  with  the  requisite  harness  com- 
plete ;  the  same  to  be  kept  at  all  times  in  good  order,  and  ready 
for  service. 

No.  274.     (3.)  That  each  hook  and  ladder  company  shall  be  Hook  and  ladder 
provided  with  one  hook  and  ladder  carriage,  a  full  set  of  hooks  ^°™p*°^^^- 
and  ladders,  and  one  horse,  with  the  requisite  harness  complete ; 
the  same  to  be  kept  at  all  times  in  good  order  and  ready  for 
service. 

No.  275.     (4.)  That  the  steam  fire  engine  company  shall  be  steam  engine. 
provided  with  one  steam  fire  engine,  one  hose  carriage  and  fuel 
wagon,  three  hundred  feet  of  two  inch  hose  of  the  first  quality, 
and  five  horses,  with  the  requisite  harness  complete;  the  same         * 
to  be  kept  at  all  times  in  good  order  and  ready  for  service. 

No.  276.     (5.)  That  the  hose  company  for  the  steam  fire  nose  company 
engine  shall  be  provided   with  two  hose   carriages,  six  hundred  °  ^  ^^™  engine, 
feet  of  good  first  quality  India  rubber  three  inch  hose  and  eight 
hundred  feet  of  first  quality  two  inch  hose,  and  two  horses,  with 
the  requisite  harness  complete ;  the  same  to  be  kept  at  all  times 
in  good  order  and  ready  for  service. 

No.  277.     (6.)  That  said  chief  engineer,  assistant  engineers.  Police  po^vers  of 
captains  and  lieutenants  of  companies,  shall  have  police  powers 
at  all  fir^s. 

No.  278.     (7.)  That  each  engineer,  captain   and  lieutenant  officers' certifi- 
shall,  upon  his  appointment,  receive    a  warrant  or  certificate,  in  '^^**" 

the  following  words,  viz  :  This  certifies  that is  appointed 

chief  engineer,  assistant  engineer,  captain  or  lieutenant  of  the 
fire  department  of  the  city  of  New  Orleans,  and  is  entitled  to 
all  the  powers  and  immunities  belonging  to  said  office,  to  be  signed 
by  the  mayor  of  the  city  of  New  Orleans. 

No.  279.  (8.)  That  the  captains  shall  have  the  command  of  Duty  of  captains, 
the  men  and  apparatus  belonging  to  their  several  companies ;  and 
shall  take  charge  of  the  apparatus  at  fires ;  and  shall  cause  to  be 
executed  all  orders  of  the  chief  or  assistant  engineers;  and  in 
the  absence  of  those  officers,  shall  take  command  at  all  fires, 
according  to  seniority  of  appointment. 


96  riRE   DEPARTMENT. 

Duty  of  lieu-  No.  280.     (9.)  That  the  lieutenant  shall  be  second  in   com- 

mand to  the  captains^  and,  in  the  absence  of  the  captains,  shall 
take  their  place. 

DutyofcWefand  No.  281.  (10.)  That  it  shall  be  the  duty  of  the  chief  and 
assistant  engineers,  whenever  a  fire  shall  break  out  in  the  city, 
immediately  to  repair  to  the  place  of  such  fire,  and  to  carry  with 
them  a  suitable  stafi",  or  badge  of  office,  and  to  take  proper 
measures  that  the  several  engines  and  other  apparatus  be  arranged 
in  the  most  advantageous  situations,  and  only  worked  for  the 
effectual  extinguishment  of  fires ;  to  call  for  aid,  if  need  be, 
from  all  persons  present  at  fires,  to  assist  in  extinguishing  the 
same,  to  assist  in  removing  furniture,  goods  or  merchandise,  from 
any  building  on  fire  or  in  danger  thereof,  to  act  as  guards  to 
secure  the  same,  and  also  to  assist  in  pulling  down  or  demolishing 
any  house  or  building,  if  necessity  require ;  and  further,  it  shall 
be  their  duty  to  suppress  all  tumults  or  disorder.  It  shall  also 
be  their  duty  to  cause  order  to  be  preserved  in  going  to,  working 
at,  or  returning  from  fires,  and  at  all  other  times  when  companies 
•        attached  to  the  department  are  on  duty. 

See  No.  270. 

Duty  of  chief  No.  282.     (11.)  That  the  chief  engineer  shall  have  the  sole 

command  at  fires  over  all  members  of  the  fire  department,  and 
all  other  persons  who  may  be  present  at  fires ;  and  shall  take  all 
proper  measures  for  the  extinguishment  of  fires,  protection  of 
property,  preservation  of  order,  and  observance  of  the  laws, 
ordinances  and  regulations  respecting  fires ;  and  it  shall  be  the 
duty  of  said  chief  engineer  to  examine  into  the  condition  of  the 
engines,  and  of  all  other  fire  apparatus,  and  of  the  engine  and 
other  houses  belonging  to  the  city  and  used  for  the  purposes  of 
the  fire  department,  as  often  as  circumstances  may  render  it 
expedient,  or  whenever  directed  so  to  do  by  the  committees  on 
fire  of  the  common  council,  and  semi-annually  to  report  the  same 
to  said  committees;  also  to  cause  a  full  description  of  the  same, 
together  with  the  names  of  the  officers  and  members  of  the  fire 
department,  to  be  published  annually,  in  such  manner  as  the 
said  committees  shall  direct ;  and  it  shall  be,  moreover,  the  duty 
of  the  chief  engineer  to  receive  and  transmit  to  said  committees 
all  returns  made  of  officers,  members  and  fire  apparatus,  belonging 
to  the  respective  companies,  as  hereafter  prescribed,  and  all  other 
communications  relating  to  the  affairs  of  the  fire  department,  and 
to  keep  fair  and  exact  rolls  of  the  respective  companies,  specify- 
ing the  time  of  admission  and  discharge,  and  the  age  of  each 


engineer. 


PIBE  DEPARTMENT.  ^i 

member,  which  he  shall  report  to  said  committees ;  and  he  shall 
also  report  to  said  committees  all  accidents  by  fire  which  may- 
happen  within  the  city,  with  the  causes  thereof,  and  the  number 
and  description  of  the  buildings  destroyed,  together  with  the 
names  of  the  owners  and  occupants,  and  an  estimate  of  losses  by 
the  same. 

No.  283.     (12.)  No  person  under  eighteen  years  of  age  shall  Members  of  com. 
be  employed  as  a  member  of  the  fire  department  of  the  city  of 
New  Orleans. 

No.  284.     (13.)  That  the  captain  and   lieutenant    of  each  Duty  of  officers 

,,,-■-  -         ,  .         1   /.  ,1       of  companies. ; 

engme  company  shall  be  selected  and  appointed  from  among  the 
twenty  men  composing  said  company,  and  shall  be  stationed  at 
the  engine  house  of  said  company,  and  shall  be  constantly  on 
duty.  At  an  alarm  of  fire,  said  captain  and*  lieutenant  shall 
attach  the  horses  to  start  the  engine  and  hose  carriage  belonging 
to  the  same,  for  the  scene  of  the  fire  \  they  shall  also  keep  the 
engine,  hose,  etc.,  in  good  working  order,  the  house  in  a  cleanly 
condition,  and  take  full  and  proper  care  of  the  horses  attached  to 
the  same. 

No.  285.  (14.)  That  it  shall  be  the  duty  of  the  captains  to  Duty  of  captains 
see  that  the  several  engines  and  apparatus  committed  to  their  paS^^  °° 
care,  and  the  several  buildings  in  which  the  same  are  deposited, 
and  all  things  in  and  belonging  to  the  same,  are  kept  neat  and 
clean,  and  in  order  for  immediate  use.  It  shall  also  be  their  duty 
to  preserve  order  and  discipline  at  all  times  in  their  respective 
companies,  and  require  and  enforce  a  strict  compliance  with  the 
city  ordinances,  the  rules  and  regulations  of  the  department,  and 
the  o'rders  of  their  superiors.  They  shall  also  keep  fair  and 
exact  rolls,  specifying  the  time  of  admission,  discharge  and  age 
of  each  member  of  their  respective  companies,  and  accounts  of 
all  property  belonging  to  the  department  and  entrusted  to  the 
care  of  the  several  members  of  their  respective  companies,  and 
of  all  absences  and  tardiness  among  the  same,  in  a  book  provided 
for  that  purpose;  which  rolls  or  record  books  are  always  to 'be 
subject  to  the  order  of  the  fire  committees  of  the  common  council. 
They  shall  also  make  to  the  chief  engineer  true  returns  of  all 
the  members  of  the  several  companies,  with  their  ages  and  the 
apparatus  entrusted  to  their  care,  when  called  upon  by  said 
engineer  so  to  do. 

No.  286.     (15.)  That  the  captain  and  lieutenant  of  each  hook  Duty  of  oflicers 
and  ladder  company  shall  be  selected  and  appointed  from  among  ^er  companies. 
the  fifteen  men  composing  said  company,  and  shall  be  stationed 


08 


FIRE  DEPARTMENT. 


Duty  of  officers 
ot  Ptenm  engine 
hose  company. 


Duty  of  officers 
of  steam  engine 
eompany. 


Englnfeer  of 
dteam  engine 
company. 


Members  of  fire 
companies. 


PoTrers  of  com* 
panics.     . 


Power  of  officers 
«8  to  buildings. 


at  the  house  of  said  company,  and  shall  be  constantly  on  duty. 
At  an  alarm  of  fire,  said  captain  and  lieutenant  shall  attach  the 
horse  to  and  start  the  hook  and  ladder  carriage  for  the  scene  of 
the  fire ;  they  shall  also  keep  the  hook  and  ladder  apparatus  and 
carriage  in  good  order,  the  house  in  a  cleanly  condition,  and  take 
full  and  proper  care  of  the  horses  attached  to  the  same. 

No.  287.  (16.)  That  the  captain  and  lieutenant  of  the  hose 
company  for  the  steam  fire  engine  shall  be  selected  and  appointed 
from  among  the  ten  men  composing  said  company,  and  shall  be 
stationed  at  the  house  of  said  company,  and  shall  be  constantly 
on  duty.  At  an  alarm  of  fire,  said  captain  and  lieutenant  shall 
attach  the  horses  to  and  start  the  hose  carriages  for  the  scene  of 
the  fire.  They  shall  also  keep  the  hose  carriages  and  hose  in 
good  order,  the  house  in  cleanly  condition,  and  take  full  and 
proper  care  of  the  horses  attached  to  the  same. 

No.  288.  (17.)  That  the  captain  and  lieutenant  of  the 
steam  fire  engine  company  shall  be  selected  and  appointed  from 
among  the  eight  hose  pipe  men  of  said  company.  That  the 
two  drivers  of  said  company  shall  be  stationed  at  the  house  of 
said  company,  and  shall  be  constantly  on  duty.  At  an  alarm  of 
fire  said  drivers  shall  attach  the  horses  to  and  start  the  steam 
fire  engine  and  hose  carriage  and  fuel  wagon  for  the  scene  of 
the  fire  ',  they  shall  also  keep  the  hose  carriage,  fuel  wagon  and 
hose  in  good  order,  the  house  in  a  cleanly  condition,  and  take 
full  and  proper  care  of  the  horses  attached  to  the  same. 

No.  289.  (18.)  That  the  engineer  of  the  steam  fire  engine, 
shall  be  stationed  at  the  house  of  said  engine ;  shall  be  always 
on  duty,  and  shall  keep  said  engine  in  good  order  and  ready 
for  service. 

No.  290.  (19.)  The  engineers  and  members  of  the  several 
companies  connected  with  the  fire  department  shall  wear  such 
caps,  badges,  or  insignia  as  the  chief  engineer  shall  direct,  and 
no  other  person  shall  be  permitted  to  wear  the  same. 

No  .291.  (20.)  That  no  company  shall  have  power  to 
appoint  or  discharge  any  officer  or  member  thereof,  or  shall 
leave  the  city  on  an  excursion,  or  appear  in  the  streets  as 
firemen,  except  in  cases  of  alarms  or  fire,  unless  by  express 
permission  of  the  chief- engineer. 

No.  292.  (21.)  That  the  chief  and  assistant  engineers 
shall  have  the  right  to  examine  personally,  all  houses  erected, 
or  at  any  time  being  erected,  in  which  fire  is  used,  or  intended 
to  be  used;   with  full    power    to  cause  such    alterations   and 


yiRE  DEPARTMENT.  ^^ 

iixjprovements  in  flues,  stove-pipes,  etc.,  in  tlie  same,  and  suck 
alteration  in  tlie  location  of  fires  in  carpenter  shops,  and  other 
equally  hazardous  occupations,  as  may  be  necessary  for  the 
public  safety.- 

See  No.  263. 

No.  293.  (22.)  That  four  engine  companies  and  one  hook  Location  of  com* 
and  ladder  company  shall  be  located  in  the  first  district ;  four 
engine  companies  and  one  hook  and  ladder  company  shall  be 
located  in  the  second  district;  three  engine  companies  and  one 
hook  and  ladder  company  shall  be  located  in  the  third  district ; 
and  two  engine  companies  and  one  hook  and  ladder  company 
shall  be  located  in  the  fourth  district,  and  that  the  same  shall 
be  stationed  at  such  places  and  occupy  such  houses  in  said 
districts,  respectively,  as  the  fire  committees  of  the  common 
council  shall  determine. 

No.  294.     (23.)     That  the  steam  fire  engine  company,    the  Location  of  steam 
hose  company  for  the  steam  fire  engine,    and  the  bell-ringers,  ers,  etc. 
shall  be  stationed  at  such  places,  and  occupy  such   houses  in  the 
city   of  New  Orleans   as  the   fire  committees   of  the    common 
council   shall    determine,    and   that   said   bell-ringers    shall  be 
always  on  duty  day  and  night. 

No.  295.     (24.)     That  the  chief  engineer,  assistant  engineers,  officer*, 
captains,  lieutenants,   and  members  of  the  several  engine,    hook 
and  ladder  and  hose  companies,  shall  be  appointed  as  hereinafter 
provided. 

No.  296.     (25.)    That  the  chief  engineer,  assistant  engineers,  Bemovaifrom 
captains,  lieutenants,  and  members  of  the   several   engine  hook 
and  ladder  and  hose  companies,  .  shall  be  subject  to  removal  from 
office,  or  membership,  as  hereinafter  provided. 

No.  297.  (26.)  That  it  shall  be  the  duty  of  the  chief  Oath  of  officra. 
engineer  and  assistant  engineers,  captains  and  lieutenants, 
before  entering  upon  the  duties  of  their  several  offices,  to  be 
qualified  by  the  mayor,  either  by  oath  or  affirmation,  that  they 
will  faithfully  perform,  to  the  best  of  their  abilities,  all  the  duties 
appertaining  to  the  same. 

No.  298.     (27.)     That  the  chief  engineer,    before   entering  Bond  of  chief 
upon  the  duties  of  his  office,  shall  give  bond  in  the  sum  of 
twenty-five  hundred  dollars,  made  payable  to  the  mayor  of  New 
Orleans  and  his  successors  in  office,    conditioned  for  the  faithful 
performance  of  the  duties  thereof. 

No.    299.       (28.)      That   each    assistant     engineer,    before  Bond  of  assist, 
entering  upon  the  duties  of  his  office,  shall  give  bond  in  the  '^^^  «D8»ne«r»- 


100  FIRE  DEPARTMENT. 

sum  of  twenty-five  hundred  dollars,  made  payalile   to   the  mayor 
of  New  Orleans  and  his  successors  in  office,    conditioned  for  the 
faithful  performance  of  the  duties  thereof. 
What  companies      No.  300.     (29.)     That  no   association,   or  organized  society 
or   club  of  firemen  shall  be   allowed,    except   as  authorized  by 
this  ordinance. 
Department  sup-      No.  801.     (30.)     That  the  support  of   the  fire  department 
tract.    ^  "^""     as  herein  constituted,  and  the  active  working  of  the  same,    shall 
be  done  by  contract,  for  the  term  of  five  years  from  the  day  of 
the  date  of  the  adjudication  of  the  same. 
Sale  of  contract.      No.  302.     (31.)     That  the  comptroller  of  the  city  of  New 
Orleans  shall  after  five  days'    publication   thereof  in  the  official 
journal,  sell  at  auction,  to  the  lowest  bidder,    the   contract   for 
the  support  of  the  fire  department,  as  constituted  by   this   ordi- 
nance, and  the  active  working  of  the  same  year   by  year  for  the 
term  of  five  years  from  the  day  of  the  date  of  the   adjudication 
of  the  same. 
Appointments         No.  303.     (32.)    That  the  purchaser  of  the  contract  for  the 
officers™et^!  ^  °     support  of  the  fire  department,  and  the  active  .working   thereof, 
at  the  sale  made  in  accordance  with  sections  thirty  and  thirty-one 
of  this  ordinance,  shall  have  power  to  appoint  and  shall  appoint 
the  chief  and   assistant  engineers,  the    captains  and  lieutenants, 
and  the  members  of  the  several    companies    connected  with  the 
fire  department,  and  required  to  be  organized  by  this  ordinance  ; 
and  further  he  shall  have  power  to  dismiss  the   same,  or  any 
one  of  the  same,   from  office  or   employment,  at  such  time  or 
times  as  he  shall  see  fit. 
Obligations  of  No.  304.  (33.)     That  the  purchaser  of  the   contract  for  the 

contract!'^  °  support  of  the  fire  department,  and  the  active  working  thereof, 
at  the  sale  made  in  accordance  with  sections  thirty  and  thirty-one 
of  this  ordinance,  shall,  within  one  day  after  the  day  of  the  date 
of  adjudication  of  said  purchase,  give  bond,  made  payable  to 
the  mayor  of  the  city  of  New  Orleans  and  his  successors  in 
office,  with  security,  to  be  approved  of  by  the  chairmen  of  the 
finance  committees  of  the  common  council  in  the  amount  of 
forty  thousand  dollars;  conditioned  that  said  purchaser  will 
fulfill  and  perform  at  his  own  charge  and  cost,  during  the  term 
of  his  -contract,  all  that  is  required  to  be  done  and  performed 
by  sections  one,  two,  three,  four,  five,  eight,  nine,  ten,  eleven, 
twelve,  thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen, 
nineteen,  twenty,  twenty-one,  twenty-two,  twenty-three,  twenty* 
five,  twenty-six,  twenty-seven,  twenty-eight,  thirty-four,   thirty- 


HRE  DEPARTMENT.  101 

five,  thirty-six,  thirty-nine  and  forty  of  this  ordinance;  .that 
he  will  make  the  appointments  and  invest  .said  yppoiat^mcnts 
with  the  authority  and  duties  required  by  sections  one,  eight, 
nine,  ten.  eleven,  thirteen,  fourteen,  fifteen,  seventeen, 
eighteen,  twenty,  twenty-one,  twenty-four,  twenty-five  and 
thirty-two  of  this  ordinance ;  and  that  he  will  cause  to  be 
done  by  the  several  engineers,  captains  and  lieutenants  of  com- 
panies, and  members  of  companies,  appointed  and  employed  by 
him  under  and  by  virtue  of  this  ordinance,  all  the  duties, 
services  and  labor  required  to  be  done  by  said  engineers, 
captains  and  lieutenants  of  companies,  and  members  of  com- 
panies by  this  ordinance,  and  generally  that  said  purchaser  will 
do  and  perform  at  his  own  charge  and  cost^  during  the  term  of 
his  contract,  all  that  is  required  to  be  done  and  performed  by 
him  under  and  by  virtue  of  this  ordinance. 

No.  305.  (34.)  That  said  purchaser  of  said  contract,  at  Obligations  of 
the  sale  made  in  accordance  with  sections  thirty  and  thirty-one 
of  this  ordinance,  shall,  at  all  times,  during  the  continuance  of 
said  contract,  have  in  'his  employ  and  ready  for  service  the 
number  of  companies  and  the  number  of  competent  men  and 
officers  attached  to  said  companies,  required  by  section  one  of 
this  ordinance ;  and  said  men  and  officers  shall,  whenever  an 
alarm  of  fire  is  given,  proceed  at  once  with  the  engines  and  other 
apparatus  for  the  extinguishment  of  fires  entrusted  to  them,  ^to 
the  place  of  the  fire,  and  there  render  full  and  efficient  service. 
And  said  men  and  officers,  with  the  engines  and  other  apparatus 
for  the  extinguishment  of  fires  entrusted  to  them,  shall  remain 
at  the  place  of  the  fire,  and  in  active  service,  until  said  fire  is 
extinguished. 

No.  306.  (35.)  That  the  purchaser  of  said  contract,  at  the  obligations  of 
sale  made  in  accordance  with  sections  thirty  and  thirty-one  of 
this  ordinance,  shall,  during  the  continuance  of  said  contract, 
and  in  addition  to  said  requirements  of  article  two  of  this  ordi- 
nance, keep  constantly  on  hand  four  extra  fire  engines  and  four 
extra  hose  carriages ;  the  same  to  be  always  in  good  order  and 
ready  for  service. 

No.  307.     (36.)  That  the  purchaser  of  the  contract  for  the  Duty  of  con- 
support  of  the  fire  department,  and  the  active  working  thereof,  ^^^'^^'^^' 
at  the  sale  made  in  accordance  with  sections  thirty  and  thirty-one 
of  this  ordinance,  shall  not  transfer,  assign  over,  or  underlet  the 
same  to  any  person  or  persons,  whatsoever,  for  the  term*  or  any 
portion  of  the  term  of  said  contract;  and  that  said  purchaser 


102 


HRE  DEPARTMENT. 


Duty  of  con* 
tractor. 


Police  powers  of 
contractor. 


InTcntory  of 
engines,  etc.,  be- 
lo::ging  to  the 
city. 


Contractor  to 
keep  engines, 
etc..  in  good 
order. 


In  case  of  death 
of  contractor. 


s|i<s^I;.  immediately^  after  giving  the  bond  required  by  section 
tiiirty  tlire^  :0f  .this  ordinance,  enter  upon  and  continue  to  perform 
the  duties  and  requirements  of  said  contract. 

Nq.  308.  (37.)  That  said  purchaser  of  said  contract  at  the 
sale  made  in  accordance  with  sections  thirty  and  thirty-one  of 
this  ordinance,  shall  deposit,  at  the  time  of  the  adjudication  of 
said  sale,  the  sum  of  twenty-five  hundred  dollars  in  the  hands  of 
the  comptroller  of  New  Orleans ;  said  deposit  to  be  returned  to 
said  purchaser  on  his  giving  bond  as  required  by  section  thirty- 
three  of  this  ordinance  ;  otherwise,  and  on  said  purchaser  failing 
to  give  said  bond,  said  deposit  to  be  forfeited  to  the  use  and  benefit 
of  the  treasury  of  New  Orleans. 

No.  309.  (3(8.)  That  the  purchaser  of  said  contract  at  the 
sale  made  in  accordance  with  sections  thirty  and  thirty-one  of 
this  ordinance,  shall  have  police  powers  at  all  fires. 

No.  310.  (39.)  That  the  purchaser  of  said  contract  for  the 
support  of  the  fire  department  and  the  active  working  thereof, 
shall  be  furnished  with  an  inventory  of  all  fire  engines,  hook  and 
ladder  carriages  and  apparatus,  hose  carriages,  hose  and  other 
apparatus  for  the  extinguishment  of  fires,  belonging  to  the  city  of 
New  Orleans,  and  shall  be  put  in  possession  of  the  same ;  and  that 
the  same,  or  a  like  number  and  quantity,  and  of  equal  value,  of  fire 
engines,  hook  and  ladder  carriages  and  apparatus,  hose  and  other 
apparatus  for  the  extinguishment  of  fires,  shall  be  returned  to  said 
city  by  said  purchaser  or  his  securities  at  the  expiration  of  said 
contract,  or  its  determination  by  death  or  otherwise ;  and  that 
said  inventory  shall  be  made  by  the  city  surveyor  and  the 
chairmen  of  the  committees  on  fire  of  the  common  council,  and 
a  duplicate  thereof  shall  be  deposited  with  the  treasurer  of  the 
city. 

No.  311.  (40.)  That  the  city  of  New  Orleans  shall,  as  soon 
as  practicable,  put  in  thorough  repair  the  various  engines  houses, 
and  hook  and  ladder  houses,  which  shall  be  appropriated  to  the 
use  of  the  purchaser  of  said  contract  for  the  support  of  the  fire 
department  and  the  active  working  thereof,  in  accordance  with 
this  ordinance  ;  and  said  purchaser  shall,  thereafter  and  during 
the  continuance  of  said  contract,  maintain  the  same  in  like  good 
order  and  condition. 

No.  312.  (41.)  That  in  case  of  the  death  of  the  purchaser 
of  said  contract  for  the  support  of  the  fire  department  and  the 
active  working  thereof,  at  any  time  during  the  continuance  of 
said  contract;  said  contract  shall  be  determined  and  wholly  ended 


PlRE  DEPARTMENT'.  103 

by  said  death ;  and  all  interest  in  the  same  shall  revert  to  the 
city  of  New  Orleans  to  be  resold,  or  otherwise  disposed  of  accord- 
ing to  the  will  and  action  of  the  common  council  of  the  same; 
and  that  during  such  iifterval  as  may  occur  between  said  death  of 
said  purchaser  as  aforesaid  and  action  taken  thereupon  by  said 
common  council,  the  chief  engineer  appointed  under  and  by  virtue 
of  this  ordinance  shall  carry  forward  the  fire  department  and  the 
active  working  thereof  in  the  manner  prescribed  by  this  ordinance, 
and  at  the  expense  of  the  city  of  New  Orleans. 

No.  313.     (42.)  That  the  chairmen  of  the  fire  committees  of  Power  and  <iuty 

.   .  of  fire  com  mi  t- 

tue  common  council  shall  have  general  supervision  over  the  tees  of  common 
fire  department  created  by  this  ordinance,  and  over  the  buildings 
and  property  of  the  city  entrusted  to  the  purchaser  of  the 
contract  for  the  support  and  active  working  of  said  department, 
and  shall,  from  time  to  time,  report  to  said  council  upon  the 
efficiency  or  inefficiency  of  said  department,  and  upon  the 
efficiency  or  inefficiency  of  said  purchaser,  and  of  the  officers 
and  men  connected  with  the  same. 

No.  314.  (43.)  That  the  chairmen  of  the  finance,  fire  and  Board  of  com. 
judiciary  committees  of  the  common  council,  together  with  a 
committee  of  six  persons  to  be  elected  by  the  presidents  and 
agents  of  the  insurance  companies  domiciled  in  New  Orleans, 
shall  constitute  a  board  of  commissioners,  with  full  power  to  hear 
and  determine  all  complaints  made  by  a  citizen  or  citizens  of 
New  Orleans  touching  the  fire  department  created  by  this  ordi- 
nance, and  the  working  of  the  same;  and  if  at  any  time  three- 
fourths  in  number  of  the  members  of  said  board  of  commissioners 
shall  by  vote  declare  the  purchaser  of  the  contract  for  the  support 
of  the  fire  department  and  active  working  thereof,  guilty  of  gross 
neglect,  or  to  be  inefficient  in  any  matters  touching  the  same, 
said  contract  shall  be  thereby  dissolved  as  in  case  of  the  death  of 
said  purchaser. 

No.  315.     (44.)  That  the  amount  which  shall  be  payable  by  CoTitractor  to  be 
the  city  of  New  Orleans  to  the  purchaser  of  the  contract  for  the  ^*^     °°    ^' 
support  of  the  fire  department  and  the  active  working  thereof, 
under  and  by  virtue  of  this  ordinance,  shall  be  paid  in  equal 
monthly  instalments,  upon  the  last  day  of  each  and  every  month. 

No.  816.     (45.)  That  the  sale  of  the  contract  for  the  support  saie  of  contract 
of  the  fire  department  and  the  active  working  thereof,  made  in  by  councT^^*^ 
accordance  with  sections  thirty  and  thirty-one  of  this  ordinance, 
shall  be  subject  to  the  approval  of  the  common   council;  and  in 
case  said  sale  shall  not  be  approved  of  by  said  common  council, 


104 


FIRE  DEPARTMENT. 


Repealing  clause. 


Delivery  of  en- 
gines, etc. 


Duty  of  police 
during  fires. 


Duty  of  police 
during  fires. 


Engines,  etc , 
not  to  be  run  on 
sidewalks,  etc. 


the  money  deposited  by  the  purchaser  at  said  sale  in  the  hands  of 
the  comptroller,  in  accordance  with  section  thirty-seven  of  this 
ordinance,  shall  be  returned  to  said  purchaser. 

No.  317.  (46.)  That  all  ordinances,  tnd  parts  of  ordinances, 
contrary  to  the  provisions  of  this  ordinance,  be  and  the  same  are 
hereby  repealed. 

City  Ordinance,  No.  2492.    Approved  Dec.  8, 1855. 

No.  818.  That  the  mayor  of  the  city  of  New  Orleans 
be^  and  he  is  hereby  requested  to  tender  and  deliver  to  the 
firemen's  charitable  association,  the  engine  houses,  hook  and 
ladder  houses,  fire  engines,  hooks  and  ladders,  hose  carriages, 
and  such  fire  apparatus  as  are  now  in  possessson  of  the  contractors 
for  the  extinguishment  of  fires  in  the  city  of  New  Orleans, 
agreeably  to  section  forty,  of  the  ordinance  leasing  the  said 
contract. 

City  Ordinance,  No.  3228.    Approved  January  7, 1867. 

No.  319.  Whenever  a  fire  occurs  in  any  part  of  the  city,  it 
shall  be  the  duty  of  the  respective  captains  of  police,  or  the 
officers  on  duty  at  the  time,  to  cause  all  the  fire  alarm  bells  under 
their  control  to  be  loudly  rung,  designating  by  taps  of  said  bell 
the  district  i^  which  the  fire  may  be. 

The  first  district  shall  be  indicated  by  one  tap. 

The  second  district  shall  be  indicated  by  two  taps. 

The  third  district  shall  be  indicated  by  three  taps. 

The  fourth  district  shall  be  indicated  by  four  taps. 

And  whenever  a  fire  occurs  during  the  night,  it  shall  be  the 
duty  of  all  watchmen  to  cry  *^fire !  fire !  fire  !"  to  spring  their 
rattles,  cry  the  district  in  which  the  fire  may  be,  and,  as  near  as 
practicable,  the  name  of  the  street. 

City  Ordinance,  No.  646.    Article  2. 

No.  320.  At  all  fires  it  shall  be  the  duty  of  the  police  to 
keep  the  space  immediately  in  front  of  the  same,  free  from  intru- 
sion by  persons  not  rendering  aid  at  the  fire,  that  the  firemfen 
may  be  enabled  the  better  to  discharge  their  duty,  and,  in  case  of 
danger,  eifect  their  escape. 

No.  321.  No  fire  engine,  hose  or  hook  and  ladder  company, 
or  any  tender  attached  thereto,  shall  be  permitted  to  run  on  the 
sidewalks  of  this  city,  or  through  any  of  the  markets,  or  public 
squares  under  a  penalty  of  not  less  than  twenty-five  dollars  for 
each  ofi"ense ;  and  it  is  hereby  made  the  duty  of  every  police 


riRE  DEPARTMENT.  105 

officer  to  report  any  infraction  of  this  article  to  the  comptroller. 

The  remainder  of  this  Ordinance,  repealed  by  Ordinance  2492. 
City  Ordicance,  No.  640. 

No.  322.  It  shall  be  the  duty  of  the  commissaries  of  the  Fireplugs, 
several  markets  as  soon  as  the  market  shall  have  been  washed,  to 
have  the  fire  plugs  closed  and  kept  closed  until  wanted  the  next 
day,  for  the  same  purpose,  except  in  case  of  fires ;  and  for  any 
violation  of  this  ordinance  the  commissary  shall  be  dismissed 
from  his  office. 

City  Ordinance,  No.  2144. 

No.  323.     It  shall  be  the  duty  of  the  night  watch  to  arrest  rire  Plugs. 
any  and  all  persons   except  the  officers  of  the  company,  found 
opening  the  fire  plugs  at  night,  except  in  case  of  fire. 

City  Ordinance,  No.  2145. 

No.  324.  That  the  following  gentlemen,  viz:  Messrs,  C.  Board  of  commis. 
Briggs,  A.  Brother,  J.  Tuyes,  Henry  Y.  Ogden,  Thos.  Sloo  ^^'^^^^^' 
and  W.  Rayne,  chosen  at  a  meeting  of  the  presidents  and  agents 
of  the  insurance  companies  domiciled  in  the  city  of  New  Orleans, 
in  pursuance  of  section  forty-three  of  ordinance  No.  2491, 
approved  December  8,  1855,  entitled,  ^^An  ordinance  concerning 
the  fire  department,^ ^  and  which,  together  with  the  chairmen  of 
the  finance,  fire  and  judiciary  committees  of  the  common  council, 
shall  constitute  a  board  of  commissioners  for  such  purposes  as 
are  set  forth  in  said  section  No.  43  [of  ordinance  No.  2491, 
be  and  the  same  are  hereby  approved. 

See  No.  314  of  this  book. 
City  Ordinance,  No.  2560. 

No.  325.     That  the  board  of  commissioners  of  the  fire  depart-  Board  to  appoint 
ment  of  the  city  be  and  they  are  hereby  authorized  to  appoint  a  *  ^^'^^^* 
suitable  person  who  shall  act  as  secretary  of  said  board  of  com- 
missioners, at  a  salary  of  three  hundred  dollars  per  annum,  and 
that  the  comptroller  be  and  he  is  hereby  authorized  to  place   the 
name  of  the  person  so  appointed  on  the   city  pay-roll  of  officers. 

City  Ordinance,  No.  2744. 

No.  326.     That  the  city  comptroller  be  and  he  is    hereby  Depot  for  fire 
requested  to  remove  all  the  old  engines  and  fire  apparatus  belong-  ^pp»^*^"«' 
ing  to  the  city,  to  the  house  of  Protection  Fire  Company  No.  19,  and 
that  said  engine  house  be  and  it  is  hereby  constituted  a  depot 
for  the  fire  apparatus  of  the  city  until  further  action  of  this 
council. 

City  Ordinance,  No.  2918. 

14 


106  FIRE  depahtmint. 

Fire  bells.  No.    327.     (The   following    ordinances,    enacted   in  relation 

to  j&re  alarm  bells^  are  not  deemed  of  sufficient  importance 
to  insert  in  this  work — ordinance,  Nos.  188,  511,  618, 
1033,  1039,  1802,  1803,  1815,  1898,  1950,  2040  and  3042.) 

See  "  Chimneys,"  etc.  No.  147. 


Fire  companies 
incorporated. 


Powers. 


ACTS  OF  THE  LEGISLATURE. 

An  Act  to  incorporate  Fire  Companies  in  the  city  of  New  Orleans,  and 
for  other  purposes. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That  the  several 
fire  companies  now  organized  and  in  active  operation,  or  that  may  here- 
after (by  and  with  the  consent  of  the  mayor  and  council  of  the 
municipality  of  New  Orleans  in  which  said  companies  may  be  located) 
be  organized  and  put  in  active  operation,  shall,  on  compliance  with  the 
terms  and  conditions  of  this  act,  be  deemed,  and  are  hereby  declared  and 
constituted  bodies  corporate  and  politic  under  such  names  as  they  may 
assume,  and  under  such  names  they  and  their  successors  shall  severally 
have  succession,  and  be  capable  of  suing  and  being  sued,  pleading  and 
being  impleaded,  defending  and  being  defended  in  all  courts  of  justice 
whatsoever ;  and  also  that  they  and  their  successors,  by  the  aforesaid 
names,  shall  severally  in  law  be  capable  of  purchasing,  holding  and 
conveying  any  estate,  real  or  personal,  for  the  use  of  their  respective 
corporations, — Acts  of  1842,  p.  412. 

An  Act  supplementary  to  an  Act  entitled  "an  Act  relative  to  Jurors," 
approved  14th  March,  1855. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That  each  of  those 
persons  who  are  now  exempt,  and  who  now  or  hereafter  may  be  enrolled 
and  doing  militia  active  members  in  any  one  or  more  of  the  present  or  future  fire  com- 
panies within  the  parish  of  Orleans,  attached  to,  connected  with,  and 
co-operating  with  the  Firemen's  Charitable  Association,  and  who  may 
serve  as  firemen  for  a  period  of  six  years,  after  the  age  of  eighteen  years, 
and  who  while  thus  serving,  are  also  members  of  the  Firemen's  Charitable 
Association,  shall,  during  the  period  of  such  service  and  thereafter,  be 
exempt  from  any  jury  or  militia  duty  within  the  State  of  Louisiana, 
except  in  cases  of  invasion  or  insurrection :  provided,  that  in  every 
case  in  which  any  person  may  claim  the  privileges  granted  by  this  act, 
he  shall  exhibit  to  the  president  and  secretary  of  the  Firemen's  Charitable 
Association,  a  certificate  or  certificates  of  time  of  service  and  honorable 
discharge,  signed  by  the  commanding  ofiicer  and  secretary  of  the  incor- 
porated fire  company  or  companies  in  which  he  has  been  enrolled  ;  and 
if  the  said  president  and  secretary  shall  find,  that  he  has  served  singly 
or  collectively  as  an  active  member  in  one  or  more  of  said  fire  companies, 
and  been  a  member  of  the  Firemen's  Charitable  Association  during  the 
term  of  six  years,  it  shall  be  their  duty  to  furnish  each  of  such  persons 


Certain  persons 
exempt  from 
serving  on  juries 


FISCAL  AGENCY.    .  107 

with  a  certificate  in  duplicate  accordingly,  to  serve  as  proof  of  the  facts 
therein  stated,  and  receive  from  each  of  such  persons  a  contribution  of 
five  dollars  for  the  benefit  of  said  Firemen's  Charitable  Association,  one  of 
which  certificates  shall  be  filed  in  the  archives  of  the  sheriff  of  the  parish 
of  Orleans.— Acts  of  1856,  p.  108. 

For  charter  of  Firemen's  Charitable  Association,  see  Act  of  March  19, 
1855,  and  Act  of  March  21,  1850.     . 


FIRE  LIMITS.— See  ^^ Buildings/'  p.  27. 


FISCAL  AaENCY. 


An  Ordinance  creating  a  Fiscal  Agency  for  the  payment  of  Bonds  of 
the  city  of  New  Orleans,  and  the  interest  thereon,  in  conformity 
with  an  act  of  the  Legislature  of  the  State  of  Louisiana,  approved 
March  14,  1855. 

No.  328.     (1.)  Be  it  ordained  by  the  common  council  of  the  Common  councu 

-  ^  ^  ''  to  elect  agent. 

City  of  New  Orleans,  That  the  common  council  shall  elect,  by 
joint  ballot,  in  May,  1855,  one  of  the  banks  of  the  city  of  New 
Orleans  as  fiscal  agent  of  said  city  for  the  purposes  hereinafter 
expressed,  viz : 

No  329.  To  receive  from  the  city  treasurer,  daily  on  deposit,  Obligation  of 
all  moneys  collected  by  said  treasurer,  on  account  of  the  conso- 
lidated loan  tax,  taxes  for  the  payment  of  interest  on  bonds 
issued  to  railroad  companies,  and  dividends  received  from  rail- 
road companies  in  which  the  city  is  a  stockholder,  and  to  keep 
separate  accounts  of  the  same,  each  under  its  proper  head. 

No.  330.  To  pay,  when  due,  without  expense  to  the  city,  all  To  pay  interest 
interest  coupons  on  the  bonds  of  the  consolidated  debt  of  the 
city  of  New  Orleans,  and  all  interest  coupons  on  bonds  issued 
to  railroad  companies,  or  any  other  interest  coupons,  if  such 
there  be,  which  the  city  of  New  Orleans  is  bound  by  law  to 
pay,  whether  the  same  be  payable  in  this  city  or  elsewhere. 
Said  fiscal  agent  shall  also  pay,  when  in  possession  of  city  funds, 
any  bonds  purchased  before  maturity  by  resolution  of  the 
common  council,  under  existing  laws,  provided  every  bond  so 
purchased  shall  have  endorsed  thereon,  by  the  comptroller  of  the 
city,  the  amount  to  be  paid  for  the  same,  and  the  date  of  the 
resolution  of  the  common  council  authorizing  the  purchase.  In 
the  event  of  interest  coupons  falling  ^ue  previously  to  the 
collection  and  deposit  of  the  taxes  imposed  for  the  payment  of 


108 


FISCAL  AGENCY. 


To  report  month- 
ly- 


Duty  of  treasu- 
rer. 


Duty  of  comp- 
troller. 


said  coupons,  it  shall  be,  nevertheless,  obligatory  on  the  fiscal 
agency  hereby  created  to  pay  said  coupons  on  presentation, 
and  any  amount  thus  advanced  shall  be  reimbursed  to  said 
agency  out  of  the  first  taxes  collected. 

No.  331.  To  report  monthly,  under  their  proper  heads,  as 
before  provided,  to  the  common  council,  the  amount  deposited 
by  the  city  treasurer  during  the  month  ending  at  the  date  of  the 
report,  the  amount  of  interest  coupons  and  bonds  paid,  with  a 
description  of  the  same,  and  the  balance  of  cash  remaining  on 
hand.  Said  report  shall  be  spread  upon  the  minutes  and  pub- 
lished in  the  official  journal  of  the  common  council  as  part  of 
their  proceedings. 

To  deliver  to  the  comptroller  of  the  city,  on  demand,  any 
bonds  or  interest  coupons  which  may  have  been  paid  under  the 
provisions  of  this  ordinance :  provided,  said  bonds  or  interest 
coupons  shall  be  canceled  by  the  fiscal  agent  before  their 
surrender,  in  the  presence  of  the  comptroller,  who  shall  receipt 
for  the  same. 

No.  332.  (2.)  That  it  shall  be  the  duty  of  the  city  treasurer 
to  deposit  daily,  in  the  bank  chosen  by  the  common  council  as  the 
fiscal  agent  of  the  city,  all  moneys  received  by  him  on  account 
of  the  consolidated  loan  tax,  taxes  for  the  payment  of  interest 
on  bonds  issued  to  railroad  companies,  and  dividends  received 
from  railroad  companies,  in  which  the  city  is  a  stockholder.  He 
shall  also  deposit  in  the  same  bank,  as  soon  as  said  fiscal  agent 
shall  have  been  appointed,  all  moneys  which  he  njay  have 
collected  from  sources  herein  enumerated,  before  the  appoint- 
ment of  said  fiscal  agent ;  and  the  sums  thus  deposited  by  him 
shall  be  entered  in  separate  bank  books,  each  designating  the 
special  fund  for  which  such  deposit  is  made ;  and  he  shall  state 
said  collections  and  deposits  in  his  daily  reports  to  the 
comptroller  and  in  his  weekly  reports  to  the  common  council. 

No.  333.  (3.)  That  it  shall  be  the  duty  of  the  comptroller  of 
the  city,  immediately  after  the  appointment  of  the  fiscal  agent,  to 
furnish  to  said  agent,  samples  of  all  the  interest  coupons  to 
be  paid  by  said  agent  under  the  provisions  of  this  ordinance, 
and  such  a  description  of  each  coupon,  its  number,  letter, 
amount,  time  to  run,  when  due  and  where  payable,  as  will  be 
sufficient  to  identify  the  same.  He  shall  also  furnish  such 
samples  and  descriptions  as  said  agency  may  require  for  the 
use  of  its  agents  in  placgs  out  of  New  Orleans. 


FISCAL  AGENCY. 


109 


No.  334.     (4.)     That  the   fiscal  agent   shall  not  be  elected  Term  of  office, 
annually,  but  shall  act  as  such  during  the  pleasure  of  the  common 
council,  or  until  said  agent  resign. 

No.  335.    (5.)  That  a  written  contract  shall  be  made  between  Contract  to  be  in 
the  city  and  the  fiscal   agent  in  conformity  with  this  ordinance. 

No.  836.     (6.)     That  the  bank  elected  as  the  fiscal  agent  of  to  notify  mayor, 
the  city,  under  this  ordinance,  shall  notify  the  mayor  of  the  city 
of  its  acceptance   of  said  agency  in  accordance  with  said  ordi- 
nance, within  five  days  from  and  after  said  election;  otherwise 
said  election  to  be  null  and  void. 

No.  337.     (7.)    That  the  chairmen  of  the  finance  committees  who  to  make 
be,  and  are  hereby  empowered  to  make,  on  the  part  of  the  city 
of  New  Orleans,  the  contract,  contemplated  by  the  fifth  article  of 
this  ordinance. 

City  Ordinance,  No.  2141.   Approved  May  5, 1855, 

ACTS  OF  THE  LEGISLATURE. 

Sec.  118.     That  the  common  council  shall  elect,  in  joint  session,  viva  Bank  to  be  elect- 
voce,  one  of  the  banks  of  the  city  of  New  Orleans  as  fiscal  agent,  to  ^     ^°*  jagent. 
act  as  such  during  the  pleasure  of  the  common  council,  or  until  said 
agent  resigns,  for  the  following  purposes,  yiz  : 

To  receive  from  the  city  treasurer   daily,    on  deposit,  all  moneys  Duties  of  said 
collected  by  said  treasurer,  on  account  of  the  consolidated  loan  tax,     ^^*  ^^^^  ' 
and  taxes  for  the  payment  of  interest    on  bonds  issued  by  railroad 
companies  in  which  the  city  is  a  stockholder,  and  to  keep  separate 
accounts  of  the  same,  each  under  its  proper  head. 

To  pay,  when  due,  without  expense  to  the  city,  all  interest  coupfcs  Fiscal  agent  in 
on  bonds  of  the  consolidated  debt  of  the  city  of  New  Orleans,  and  all  pay  bond^'  ^ 
interest  coupons  on  bonds  issued  to  railroad  companies,  or  any  other 
interest  coupons,  if  such  there  be,  which  the  city  of  New  Orleans  is 
bound  by  law  to  pay ;  whether  the  same  be  payable  in  said  city  or 
elsewhere.  Said  fiscal  agent  shall  also  pay,  when  in  possession  of  city 
funds,  any  bonds  purchased  before  maturity  by  resolution  of  the 
common  council  under  existing  laws  : 

Provided,  every  bond  so  purchased  shall  have  endorsed  thereon,  by  proTiso. 
the  comptroller  of  the  city,  the  amount  to  be  pai(f  for  the  same,  and  the 
date  of  the  resolution  of  the  common  council  authorizing  the  purchase. 
In  the  event  of  interest  coupons  falling  due  previously  to  the  collection 
and  deposit  of  the  taxes  imposed  for  the  payment  of  said  coupons,  it 
shall  be,  nevertheless,  obligatory  on  the  fiscal  agent  hereby  created  to 
pay  said  coupons  on  presentation;  and   any  amount  thus  advanced,  • 

shall  be  reimbursed  to  said  agent  out  of  the  first  taxes  collected  of  the 
taxes  imposed  for  the  payment  of  said  coupons. 

To  report  monthly,  under  their  proper  heads,  as  above  provided,  to  Duties  of  fiscal 
the  common  council,  the  amount  deposited  Ijy  the  city  treasurer  during  »gent. 
the  month  ending  at  the  date  of  the  report,  the  amount  of  interest 


no 


FLATBOATS  AND  FLATBOAT  BASIN. 


coupons  and  bonds  paid,  with  a  description  of  the  same,  and  the  balance 
of  cash  remaining  on  hand.  Said  report  shall  be  spread  upon  the 
official  journal  of  the  common  council  as  a  part  of  their  proceedings. 

To  deliver  to  the  comptroller  of  the  city,  on  demand,  any  bonds  or 
interest  coupons  which  may  have  been  paid  under  the  provisions  of  this 
act:  Provided,  said  bonds,  or  interest  coupons,  shall  be  canceled  by 
the  fiscal  agent  before  their  surrender,  in  the  presence  of  the  comptroller, 
who  shall  receipt  for  the  same. 

No  portion  of  the  deposits,  made  as  above  provided,  shall  be  with- 
drawn from  said  fiscal  agent  on  the  check  of  any  person  or  persons 
whatever,  except  under  a  resolution  of  the  common  council  to  remove 
said  deposits  to  another  bank,  elected  fiscal  agent  of  the  city  under  the 
provisions  of  this  act ;  in  which  case,  a  check  for  the  funds  to  be 
removed  shall  be  signed  by  the  mayor,  comptroller  and  treasurer,  and 
shall  be  accompanied  by  a  certified  copy  of  said  resolution.  The  bank 
elected  as  the  fiscal  agent  of  the  city,  as  above  provided,  shall  notify 
the  mayor  of  the  city  of  its  acceptance  of  said  agency  within  five  days 
from  and  after  said  election  ;  otherwise  said  election  shall  be  null  aud 
void,  and  the  common  council  shall,  at  its  next  meeting  thereafter, 
proceed  to  a  new  election  of  fiscal  agent,  as  provided  for  by  this  act. — 
Acts  of  1856,  page  163, 

See  Act  of  1855,  page  231. 

See  Act  of  1856,  page  143,  sec.  30,  and  page  145,  sec.  31. 


FLATBOATS  AND  FLATBOAT  BASIN. 


Unlawful  to 
shell  corn,  etc. 


Retailing  mer- 
chandise. 


Discharging 
cargo. 


A^lOrdinance  for  the  Government  of  the  Produce  Flatboat  Basin  in  the 
First  District. 

No.  338.  (1.)  From  and  after  the  passage  and  approval  of 
this  ordinance,  it  shall  not  be  lawful  to  shell  corn  on  board  of 
any  flatboat  or  craft,  inside  of  the  flatboat  basin,  nor  to  throw 
or  cause  to  be  thrown  or  emptied  into  the  same  any  decayed  fruit 
or  vegetables  or  any  other  solid  matter  whatsoever,  under  a  penalty 
hereby  imposed  for  each  and  every  such  off"ense,  of  twenty-five 
dollars,  recoverable  before   any  court  of  competent  jurisdiction. 

No.  339.  (2.)  It  shall  not  be  lawful  to  remove  any  goods, 
wares  or  merchandise  of  any  kind  whatsoever  from  one  flatboat 
to  another  or  from  any  store  to  a  flatboat  for  the  purpose  of 
selling  or  retailing  the  same  therefrom,  under  a  penalty  hereby 
imposed  of  twenty-five  dollars  for  each  and  every  such  off"ense 
recoverable  as  aforesaid. 

No.  340.  (3.)  Hereafter,  eight  days  (Sundays  exclusive) 
shall  be  allowed  to  each  flatboat  or  craft  to  discharge  her  cargo  if 


FLOUB— .INSPECTION  OF,  111 

lying  inside  of  the  basin  or  the  entrance  thereto,  provided  no 
portion  of  such  cargo  shall  have  been  discharged  at  the  landing 
outside,  in  which  case  a  portion  only  of  said  time  shall  be  allowed 
for  the  discharging  of  such  cargo,  and  at  the  expiration  of  said 
eight  days,  or  the  proportion  of  time  thereof  allowed  by  the 
wharfinger  on  partly  discharged  boats,  any  and  all  boats  remain- 
ing in  said  basin,  shall  be  liable,  together  with  their  owners,  to 
a  fine  of  five  dollars  per  day — hereby  imposed — for  each  and 
every  day  thereafter,  recoverable  as  aforesaid. 

No.  341.  (4.)  No  flatboat  shall  be  permitted  to  remain  in  Location  of 
the  entrance  of  the  basin  so  as  to  obstruct  the  passage  in  or  out 
of  the  same,  under  a  penalty  of  twenty-five  dollars  for  each  such 
offense,  and  a  further  penalty  of  five  dollars  per  day  for  each  and 
every  day  that  the  same  shall  remain  after  having  been  notified 
by  the  wharfinger  to  remove,  recoverable  as  aforesaid. 

No.  342.     (5.)  It  shall  be  the  duty  of  the  wharfinger   to  Duty^of  wharfin- 
attend  strictly  to  the  enforcing  of  this  ordinance  and  the  penal- 
ties imposed  thereby. 

City  Ordinance,  No.  2204.     Approved  June  1,  1855. 

For  Wharfage  dues,  see  No.  1001. 

Dues  for  "Breaking  up,"  see  No.  1011. 

Port  for  "Breaking  up,"  Landings,  etc.,  see  Nos.  1015  and  1016. 


ger. 


FLOUR— INSPECTION  OF. 


ACTS  OF  THE  LEGISLATURE.  ti 

An  Act  relative  to  the  Inspection  of  Flour  in  the  city  of  New  Orleans. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,     That  the  Governor  inspectors  of 
shall  nominate,  and  by  and  with  the  advice  and  consent  of  the   senate,  of  l?ew  Orieans.^ 
shall  appoint  five  inspectors  of  flour,  for  the  city  of  New  Orleans. 

Sec.  2.     That  they  shall  be  entitled  to  charge  five  cents  on  each  Their  fees. 
barrel  of  flour  inspected  by  them,  in  full  compensation  of  their  services.  . 

Sec.  3.  That  each  barrel 'of  flour  shall  contain  one  hundred  and  Duties  of  the 
ninety-six  pounds  of  flour,  English  weight,  and  if  intended  for  the  first  ^°^P®°*°"- 
quality,  shall  be  branded  "superfine;"  and  on  each  barrel  intended 
for  the  second  quality,  shall  be  branded  "fine;"  and  on  each  barrel 
intended  for  the  third  quality,  shall  be  branded  "middlings;"  but 
■where  any  flour  shall  be  found  to  correspond  with  the  manufacturer's 
brand,  as  superfine  or  fine,  the  inspector  shall  brand  "  city  of  New 
Orleans,  "  which  shall  entitle  it  to  be  sold  as  bearing  the  quality 
thereon  described.     If  the  quality  of  the  flour  branded  by  the  manufac- 


112 


FOREIGN  PAtJPERS  AND   CRIMINALS. 


Flour  liow  in- 
spected. 


Penalty  against 
owner  in  case  of 
mixture. 


Penalty  for  al- 
tering the  brand 
or  mark  of 
inspectors. 


Certain  laws 
repealed. 


turer  as  superfine,  shall  appear  by  inspection  to  be  fine  only,  or  when 
marked  as  fine,  shall  appear  to  be  superfine,  such  inspector,  in  addition 
to  the  words  city  of  New  Orleans,  shall  add  fine  or  superfine,  as  the 
case  may  be.  No  inspector  shall  purchase  any  flour  other  than  for  his 
private  use,  under  the  penalty  of  four  hundred  dollars. 

Sec.  4.  That  for  the  inspection  of  flour  the  inspectors  shall  be 
provided  with  an  half-inch  barrel  auger,  with  which  each  barrel  of 
flour  shall  be  bored  into,  so  as  to  satisfy  themselves  of  the  quality  of 
the  flour ;  and  if  any  flour  shall  be  found,  on  examination,  to  contain 
a  mixture  of  Indian  meal,  or  any  other  mixture,  the  person  off"ering  the 
same  shall  forfeit  and  pay  the  sum  of  four  dollars  for  every  barrel  so 
mixed,  and  the  flour  shall  be  liable  for  the  payment  thereof. 

Sec.  5.  That  if  any  person  shall  alter  or  erase  any  brand  or  mark 
of  the  inspector,  every  person  so  offending  shall  forfeit  and  pay  the  sum 
of  fifty  dollars  for  every  such  offense,  one-half  to  the  use  of  the  person 
prosecuting  for  the  same. 

Sec.  6.  That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil 
Code  and  Code  of  rractice,  be  repealed. — Acts  of  1855,  p.  466. 


FOREiaN  PAUPERS  AND  CRIMINALS. 


No.  343.     That  tlie  mayor  be  and  he  is  hereby  requested  to 

cause  to  be  enforced  so  much  of  an  act  of  the  legislature  of  the 

State,  approved  March  16th,  1818,  as,  in  his  opinion,  may  be 

necessary  to  prevent  the  introduction  into  this   city  of  foreign 

.     paupers  and  criminals. 

City  Ordinance,  No  2303. 
^  ACTS  OF  THE  LEGISLATURE. 

Bond  to  be  given      Sec.  12.     That  every  person  not  a  citizen  of  the  United  States,  and 

by  certain  per-      above  the  age  of  ten  years,  arriving  and  landing  at  any  place  within 

the  limits  of  the  State  of  Louisiana,  from  any  foreign  port,  shall  in  like 

manner  report  himself  to  any  resident  hospital  commissioner,  and  when 

they  are  above  the  age  of  majority,  or  by  their  parents  or  guardians 

when  under  the  age  of  majority,  shall  give  bond  in  the  sum  of  one 

thousand  dollars,  with  one  or  more  joint  and   several  solvent  sureties, 

resident  in  the  parish  where  such  person  may  have  landed,  conditioned 

that  the  principal  in  such  bond  shall  not,  at  any  time  within  five  years 

from  the   date  thereof,  become,  from  any    cause,   chargeable  in  any 

manner  to  the  State,  to  its   citizens,  or  to  any   charitable  institution 

within  its  limits,  unless  such  institution  be  voluntarily  supported  by 

Penalty  for  not     foreigners  or  citizens  of  foreign  birth.     And  every  person  who  shall 

giving  said  bond,  ^gf^gg  ^j.  wilfully  neglect,  for  twenty-four  hours  after  his  arrival  and 

landing,  to  make  report  and  give  bond  as  by  this  section  required,  shall 


FORGES,  FOUNDRIES  AND  STEAM  ENGINES.  113 

incur  a  penalty  of  fifty  dollars.  Persons  arriving  and  landing  in  the 
parishes  of  Plaquemines,  St.  Bernard,  Orleans  or  Jefferson  shall  report 
themselves  in  New  Orleans,  and  furnish  bond  with  surety  resident  in 
the  city  of  New  Orleans. 

Sec.  13.     That  it  shall  be  lawful  for  any  person  referred  to  in  the  Commutation 
foregoing  section,  who  may  be  unable. or  unwilling  to   furnish  bond  as  ^°^  said  bond, 
required,  to  commute  therefor  by  paying  within  twenty-four  hours  after 
his  arrival  the  sum  of  two  dollars  and  fifty  cents. — Acts  of  1855,  p.  205. 

See  Act  of  1818,  page  110. 


FORGES,  FOUNDRIES  xiND  STEAM  ENaiNES. 


An  Ordinance  relative  to  Forges,  Foundries  and  Steam  Engines. 

No.  344.     (1.)     It  shall  not  be  lawful  to  erect  or   establish  Not  lawful  to 
within   the  city  limits,    any  forge,   foundry  or   steam    engine,  ^^^^ '  ^  ^' 
without  special  permission  of  the  common  council,  under  penalty 
of  not  less  than  fifty  nor  more  than  one  hundred  dollars,    and 
five  dollars  per  day  so  long  as  any  forge,   foundry,   or   steam 
engine  shall  continue  in  operation,  in  violation  of  this  ordinance. 

No.  345.     (2.)     All  buildings  for  forges  and   foundries  must  Buildings  to  be 
be  constructed  of  brick  or  other  incombustible  materials.     Any  ^^®  ^^°°^' 
person    violating    this    provision    shall  pay  twenty   dollars     a  , 
month,  so  long  as   sueh  forge  and  foundry  shall  continue   in 
operation. 

No.  346.     (3.)     All  ordinances  or  parts  of  ordinances  con-  Repealing  clause, 
flicting  with  the  provisions  of  this  ordinance  are  hereby  repealed- 

City  Ordinance,  No.  3T76.    Approved  Dec.  26, 1856. 

ACTS  OF  THE  LEGISLATURE. 

Art.  690.  He  who  wishes  to  build  an  oven,  a  forge  or  a  furnace 
against  the  wall  held  in  common,  is  bound  to  leave  half  a  foot  interval 
and  vacancy  betwixt  such  wall  and  that  of  his  oven,  forge  or  furnace, 
and  this  last  wall  must  be  one  foot  thick. — Civil  Code. 


GAS  COMPANY.— See  "Water  works  company.^ 
15 


114 


GUNPOWDER  AND  POWDER  MAGAZINE. 


GUNPOWDER  AND  POWDER  MAGAZINE. 


License  to  sell, 
etc. 


Wholesale  ven- 
dors. 


Sign  for  dealers. 


Vessels  for  con- 
Teying  powder. 


An  Ordinance  relative  to  Gunpowder  and  to  the  Powder  Magazine. 

No.  347.*  (1.)  It  stall  not  be  lawful  for  any  person  to  keep 
any  gunpowder,  or  offer  for  sale  any  gunpowder j  without 
having  previously  obtained  a  license  for  that  purpose.  The 
mayor  shall  grant  licenses  to  vendors  of  gunpowder  to  sell 
by  retail,  who  shall  be  permitted  to  have  on  hand  no  greater 
quantity  than  thirty  pounds  at  any  one  time,  said  powder  to  be 
kept  in  a  suitable  tin  or  copper  canister,  to  be  labelled  ^^powder,'' 
in  large  letters,  and  the  said  canister  must  be  kept  on  a  shelf 
in  sight  and  within  ten  feet  of  the  main  entrance  of  the  store. 
For  this  license  ten  dollars  annually  shall  be  paid. 

No.  348.  (2.)  The  mayor  shall  grant  licenses  to  vendors  of 
gunpowder  by  wholesale,  who  may  keep  on  hand  one  hundred 
pounds  and  no  more  at  any  one  time,  and  who  shall  not  be 
authorized  to  sell  any  quantity  less  than  a  package ;  provided, 
that  all  wholesale  dealers  shall  keep  their  powder  in  kegs  or 
canisters  carefully  packed  in  chests,  made  of  copper,  riveted 
and  with  handles,  and  labelled  ^^  powder,'^  in  large  letters,  to 
be  placed  on  the  ground  floor,  within  ten  feet  of  the  main 
entrance.  For  this  license,  wholesale  dealers  must  pay  annually 
twenty  dollars. 

No.  349.  (3.)  Dealers  in  powder  shall  have  a  sign  in  large 
letters  containing  the  words  "  licensed  to  sell  powder,^  ^  placed 
over  the  main  entrance,  or  on  either  side  ot  the  entrance,  in 
some  conspicuous  place. 

No.  350.  (4.)  All  boats  employed  in  the  conveyance  of 
gunpowder  shall  display  at  the  stern  or  bow,  a  red  flag  while 
there  remains  powder  on  the  boat,  and  all  powder  so  conveyed 
shall  be  carefully  covered.  Steamboats  or  other  vessels  receiving 
powder  at  this  city  in  quantities  exceeding  fifty  pounds,  shall 
not  be  permitted  to  remain  at  any  wharf  for  a  period  exceeding 
four  hours  after  the  receipt  of  over  fifty  pounds,  nor  after  sunset. 
No  steamboat  or  other  vessel  containing  powder  for  delivery  in 
this  city  shall  be  permitted  to  touch  or  make  fast  to  any  of  the 
wharves,  unless  such  boat  be  decked  so  as  to  cover  the  powder, 
nor  if  the  quantity  on  board  exceeds  twelve  kegs,  of  twenty-five 
pounds  each ;  and  the  board  of  harbor  masters  shall  designate  in 
each  district  the  place  of  landing  powder.  It  shall  be  the  duty  of 
all  dealers  in  powder  to  deliver  to  the  captains  or  other  officers 


GUNPOWDER  AND  POWDER  MAGAZINE.  115 

of  steamboats  or  other  vessels   receiving  powder,  a  copy  of  this 
ordinance  within  each  shipment. 

No.  351.     (5.)      No  person  shall  be  allowed   to  pack  up  Packing  powder, 
powder  for  shipinent. 

No.  352.     (6.)     Powder   conveyed   through  the  city    must  Vehicles  for  con- 
be  placed  in   a  safely  covered   chest,   and  no  dray   or    cart,    or 
other  •  vehicle,    shall    carry   at   any   one   time   more   than    one 
hundred  pounds. 

No.  353.     (7.)     It  shall  be  the  duty  of  the  mayor  to  publish  publication  of 
once  every  year  the  ordinances  of  the  common  council  and  acts 
of  the  Legislature  relative  to  the  subject   of  gunpowder,  and  the 
harbor  masters  shall   distribute  the  same  among  the  officers  of 
steamboats,  ships,  and  other  vessels. 

No.  354.     (8.)     There   shall  be  elected   in   the   month   of  Keeper  of  pow- 
June    every   year,    by   the   common   council,   a  keeper  of  the 
powder  magazine,  who  shall  give   bond  with  the  security  of  ten 
thousand  dollars,   conditioned,  for  the  faithful  performance  of  * 

his  duties. 

No.  355.     (9.)     The  powder  magazine   shall   be   opened  at  Hours  for  pow- 
sunrise  and  closed  at  sunset,  except  when  in  cases  of  emergency    ^^  ^^s^^^^ 
the  mayor  may  deem  it  necessary  to  give  other  directions. 

No.  356.     (10.)     No  person  shall  be  permitted   to  enter  the  powder  maga- 
powder   magazine  for   the    purpose    of  depositing    therein   or  ^^°®' 
receiving   therefrom,    gunpowder,    except   the   owner    of  such 
powder  or  his  duly  authorized  agents.     All  persons  entering  the 
powder  magazine  shall  be  obliged  to  use  such  precaution  as  the 
superintendent  of  such  magazine  may  require. 

No.  357.     (11.)     The  superintendent  of  said   magazine  shall  Delivery  of 
deliver  no  powder  except  at  the  written  request   of  the   owner  ^°^  ^^' 
or  his  duly  authorized  agent,  and   such  delivery   shall  be  made 
on  the  levee.     All  powder   intended   for   the   powder  magazine 
shall  be   landed   on   the  levee  in  front  of  the  wharf  of  the 
magazine. 

No.  358.  (12.)  The  superintendent  shall  be  entitled  to  Charges. 
charge  the  sum  of  three  cents  for  each  and  every  twenty-five 
pounds  of  powder  received  and  delivered  by  him.  The  charge 
for  storage  in  the  magazine  shall  be  at  the  rate  of  forty  cents 
for  each  hundred  pounds,  for  every  calendar  month,  and  the 
same  for  all  fractions  of  months,  except  for  powder  received  for 
re-shipment,  in  lots  of  not  less  than  one  hundred  kegs,  which 
shall  be  subject  to  a  charge  of  twenty-five  cents  for  each  hundred 


116 


GUNPOWDER  AND  POWDER  MAGAZINE. 


Exemption  from 
charges. 


Penalties. 


pounds;  provided,  it  is  taken  out  within  fifteen  days,  and  in  the 
same  lots  as  received,  storage  payable  monthly. 

No.  359.  (13.)  All  powder  belonging  to  the  Washington 
artillery  and  the  Orleans  battalion  of  artillery  shall  be  stored  in 
the  powder  magazine  free  of  all  charges  whatsoever. 

No.  360.  (14.)  Every  person  violating  any  provisions  of 
this  ordinance,  shall  be  fined  not  less  than  fifty  nor  more  than 
one  hundred  dollars. 
Repealing  clause.  No.  361.  (15.)  All  Ordinances  or  parts  of  ordinances  con- 
trary to  the  provisions  of  this  ordinance,  and  all  ordinances  on 
the  same  subject-matter,  are  hereby  repealed. 

City  Ordinance,  No.  3193.    Approyed  Dec.  30, 1856. 


City  council 
Tested  Avith. 
power  to  punisli 
wiUi  fine,  per- 
f!oB>  contraven- 
ing regulations 
relative  to  keep- 
ing gunpowder. 


Powder  maga- 
zine to  belong  in 
common. 
How  adminis- 
tered. 

Keeper  to  give 
bond. 

Proceeds  how 
divided. 


ACTS  OF  THE  LEGISLATURE, 

Sec.  7.  That  the  city  councils  of  the  incorporated  cities  of  this  State 
be,  and  they  are  hereby  vested  with  the  Ml  power  to  punish  with  a 
fine,  not  exceeding  the  sum  of  eight  hundred  dollars,  any  contravention 
of  the  police  regulations  by  which  any  individual  is  forbidden  to  keep  in 
his  house  or  place  of  residence,  more  than  a  certain  quantity  of  gun- 
powder as  fixed  by  the  said  police  regulations,  and  to  apply  a  part  of 
the  fines  to  the  informers,  and  the  other  part  to  the  benefit  of  the  corpo- 
ration of  the  cities. — Acts  of  1855,  p.  326. 

Sec.  3.  That  the  powder  magazine  belonging  to  the  city  of  New 
Orleans,  shall  belong  in  common  to  the  three  municipalities  and  shall  be 
administered  by  the  general  council,  who  shall  have  authority  to  cause 
such  alterations  or  repairs  to  be  made  thereto  from  time  to  time  as  they 
may  deem  necessary,  and  to  appoint  a  keeper  thereof,  who  shall  give 
bond  with  security  in  the  sum  of  ten  thousand  dollars,  and  that  all  sums 
arising  from  the  storage  of  powder  in  said  magazine  shall  be  equally 
divided  (after  deducting  all  necessary  expenses)  between  the  three 
municipalities. — Acts  of  1840,  p.  50. 

An   Act  to   authorize   the  Mayor,  Aldermen  and  Inhabitants  of  New 

Orleans   to  establish    a  Powder   Magazine  for  the   use   of   private 

individuals. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  Slate  of  Louisiana  in  Gefieral  Assembly  convened.  That  it  shall 
be  lawful  for  the  mayor,  aldermen  and  inhabitants  of  the  city  of  New 
Orleans,  to  purchase  out  of  the  limits  of  said  city  a  lot  of  ground,  and 
to  erect  thereon  a  powder  magazine,  in  which  all  gunpowder  not  belong- 
ing to  the  United  States  of  America  shall  be  deposited,  whether  such 
powder  has  been  manufactured  in  this  state  or  imported  from  any  other 
state  or  foreign  country  ;  provided  said  magazine  be  not  situated  farther 
than  five  miles  from  New  Orleans,  on  the  opposite  side  of  the  river. 

Sec.  2.  That  as  soon  as  a  quantity  of  powder,  greater  than  one 
hundred  pounds  shall  be  imported  into  this  state,   it  shall  be  the  duty 


GUNPOWDER  AND  POWDER  MAGAZINES.  117 

of  the  owner  or  consignee  of  the  vessel  or  craft  on  board  of  ■which  the 
same  shall  have  been  imported,  to  cause  such  powder  to  be  immediately 
removed  to  the  aforesaid  magazine,  agreeably  to  the  regulations  which 
the  mayor,  aldermen  and  inhabitants  of  New  Orleans  may  enact  on  that 
subject,  and  the  said  removal  shall  take  place  within  three  days  from 
the  arrival  of  the  powder  in  the  port  of  New  Orleans,  under  a  penalty 
of  a  fine  of  twenty  dollars  for  every  hundred  weight  of  powder  imported 
as  aforesaid,  which  fine  may  be  recovered  before  any  court  of  competent 
jurisdiction,  one  half  for  the  benefit  of  the  said  mayor,  aldermen  and 
inhabitants,  and  the  other  half  for  the  use  of  the  informer. 

Sec.  4.  That  the  said  mayor,  aldermen  and  inhabitants  of  New 
Orleans  shall  adopt  the  necessary  measures  to  secure  and  keep  said 
powder  in  the  aforesaid  store,  and  that  the  said  magazine  shall  be  fire- 
proof, and  be  provided  with  a  lightning  rod. — Acts  of  1818,  p.  194. 

An  Act  supplementary  to  an  act  entitled,  "an  act  to  authorise  the 
Mayor,  Aldermen,  and  inhabitants  of  the  city  of  New  Orleans,  to 
establish  a  Powder  Magazine,  for  the  use  of  private  individuals," 
approved  March  twentieth,  eighteen  hundred  and  eighteen. 

Whereas  the  corporation  of  the  city  of  New  Orleans,  by„virtue  of  a 
right  which  had  been  granted  to  them  by  the  Legislature,  has  established 
powder  magazines  ;  and  whpreas  time  has  proved  that   those  powder  '  ^ 

magazines  obliged  them  to  incur  expenses  which  the  receipts  of  said 
magazines  could  not  compensate,  at  the  rate  of  twenty-five  cents  per 
hundred  pounds  of  powder : 

Section  1.     Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  The  mayor,  al- 

the  State  of  Louisiana   in    General  Assembly  convened,    That  the  mayor,  ^^''*"®°'-®^;'4. 

aldermen,  and  inhabitants  of  the  city  of  New  Orleans  shall  have  a  right  demand  fifty 

to  demand,  from  the  owners  of  powder,  or  their  agents,    fifty  cents  per  fo^ each  hundred 

month  for   each   and  every  hundred   pounds   of  powder  which  shall  be  po^^'is  of  pow- 
,     ''  r  r  jgj,  deposited  in 

deposited  m  the  magazines  already  established,    or  which  may  hereafter  the  magazine. 

be  established  by  the  corporation,    any   law,  or  provision   of  law  to  the 

contrary  nothwithstanding. 

Sec.  2.     That  the  mayor,    aldermen,    and  inhabitants   of  the  city  of  Mayor, alder- 
New  Orleans  shall  enjoy  the  right  which  is  granted  to  them  by  the  first  ™^°'  ^^^''  *° 
section  of  the  present  act,  but  under   the  obligation,   by  them,  to  cause  more  powder 
the  building  of  one  or  more  powder  magazines,  to  be  begun  in  the  delay  bx^f  *"^^^ 
of  one  year  after  the  passing  of  this  act,  in  such  place  as  the  city  council 
shall  deem  proper  to   determine;  provided,   it  be   not  less  than  two 
arpents  distant  from  any  inhabited  place  whatever. 

Sec.  3.     That  said  mayor,  aldermen,  and  inhabitants  of  New  Orleans  Right  to  build  a 

shall  have  the  right  to  cause  said  powder  may-azines  to   be  built  within  magazine  within 
,,,.,,       „^,  .,„  ^  ,  .  ,  .  .  ■.  the  limits  of  the 

the  umits  ot  the  parish  of  Orleans,  either  with  bricks  or  wood,  according  parish  of  Orleans. 

to  the   opinion  of  two   engineers  of   known  abilities. — Acts  of  1829, 

p.  18. 


118  HARBOR  MASTERS — BOARD  OF. 

HARBOR  MASTERS— BOARD  OF. 

Their  duties,  etc.  No.  362.  The  harbor  master  shall  be  authorized  from  time  to 
time,  to  cause  such  ships  and  vessels  as  shall  not  be  employed  in 
taking  in  or  landing  their  cargoes,  to  remove  from  the  levee  in 
order  to  make  room  for  other  ships  and  vessels,  having  more 
immediate  occasion  for  a  convenient  situation  to  take  in  or  dis- 
charge theirs,  and  in  such  cases  he  is  authorized  to  send  such 
vessels  so  removed  to  be  anchored  or  moored  at  the  levee  in  all 
that  part  of  the  port  which  is  included  between  the  upper  limits 
of  Mr.  John  M'Donough's  plantation  and  the  lower  limit  of 
Madame  Duverge's  plantation,  on  the  right  bank  of  the  river; 
or  that  part  included  above,  between  Delord  steeet  and  the  upper 
limit  of  the  port ;  and  below,  from  Enghein  street  to  the  lower 
extremity  of  the  said  port  on  the  left  bank  of  the  river,  and  as 
to  the  fact  of  their  being  really  and  truly  employed  either  in 
taking  in  or  discharging  their  cargoes,  the  said  harbor  master  is 
appointed  sole  judge  to  decide  thereon j  and  moreover  the  said 

•  harbor  master  shall  have  the  right  of  determining  on  what  occa- 

sions and  how  far  captains  and  others  having  charge  of  ships  or 
vessels,  must  accomodate  one  another  in  their  respective  positions 
and  in  case  any  captain  or  other  person  resists,  opposes  or  refuses 
to  obey  the  harbor  master  in  the  discharge  of  the  fifnctions  of 
his  office,  such  captain  or  other  person  having  charge  of  any  ship 
or  vessel,  or  whoever  the  offender  may  be,  shall  for  every  such 
offense  incur  a  penalty  of  fifty  dollars. 

City  Ordinance,  of  1827,  Art.  19. 

Their  powers,  etc.  No.  363.  The  harbor  master,  or  any  other  person  that  may 
be  charged  with  his  duties  by  the  corporation,  shall  have  a  right 
to  determine  the  manner  in  which  steamboats,  barges,  flats,  keel- 
boats  and  other  craft  of  the  same  description,  shall  be  moored 
near  the  levee,  and  to  give  the  necessary  orders  for  that  purpose; 
and  moreover  to  regulate  the  manner  in  which  such  craft  must 
make  room  for  one  another ;  and  every  captain  of  a  steamboat,  or 
master  of  any  other  craft,  who  shall  not  conform  to  the  orders 
which  shall  be  given  to  him  by  the  harbor  master,  or  any  other 
person,  substituted  to  him,  shall  pay  for  each  and  every  such 
offense  a  fine  of  twenty-five  dollars;  and  if  after  three  days  notice, 
the  owner,  master,  or  other  person  having  charge  of  any  flatboat, 
barge,  keelboat  and  other  craft  of  the  same  description,  shall  not 


HARBOR  MASTERS — BOARD  OF.  119 

comply  with  tlie  orders  lie  shall  have  received  as  aforesaid,  the 
said  harbor  master  or  his  representative  may  cut  such  craft  adrift. 

CityOrdinanceof  1827,  Art.   21.    See  No.  961. 

For  duty,  etc.,  of  Harbor  Masters  of  Canals,  see  Nos.  101  and  104. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  to  establish  a  board  of  Harbor  Masters  for  the  port  of  New 

Orleans. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the   State   of  Louisiana  in    General  Assembly    convened,     That    the    act  Certain  act  re- 
entitled  "an  act  to  regulate  and  define  the   duties  of  harbor  masters,''  ^^®  ' 
approved  15th  March,  1855,  be  and  the  same  is  hereby  repealed. 

Sec.  2.     That  the   Governor  shall  nominate  and,  by   and  with  the  Governor  and 
advice  and  consent  of  the  Senate,  appoint  five  harbor   masters  who  shall  nl'te  five  harbor 
constitute  and  be  known  as  the  board   of  harbor  masters  for  the  port  masters,  to  con- 

*  stitute  the  board 

of  New  Orleans,  and  whose  term  of  office  shall  be  two  years:  Provided,  ofharb'rmast'rs. 
however,  that  the  Governor  shall  have  the  power  to  remove  from  office  po^r^o/the  '^ 

anv  of  said  harbor  masters,  upon   satisfactory  proof  made  to   him  of  governor  to  re- 

•'  .  move  said  harbor 

negligence,  incapacity  or  official  misconduct.  masters. 

Sec.  3.     That  each  of  said  harbor  masters  shall  give  bond,  payable  to  Bond  and  secu- 
the  Governor  and  his  successors  in  office,  with  two  sufficient  sureties,  in  by^harbo^r  mas° 
the  penal  sum  of  twenty-five  hundred  dollars,  conditioned  for  the  faithful  ^'^^• 
performance  of  the  duties  required  of  him  by  law. 

Sec.  4.  That  said  harbor  masters,  under  the  rules  and  regulations  to  Duties  and 
be  established  by  the  board,  shall  have  authority  to  regulate  and  station  ^^t"s?^  "^^-^^ot 
all  vessels  in  the  stream  of  the  river  Mississippi,  within  the  limits  of  the 
port  of  New  Orleans,  and  at  the  levees  thereof,  and  remove  from  time  to 
time,  such  vessels  as  are  not  employed  in  receiving  and  discharging  their 
cargoes,  to  make  room  for  such  others  as  require  to  be  more  immediately 
accommodated,  for  the  purpose  of  receiving  or  discharging  their  cargoes; 
and  as  to  the  fact  of  any  vessel  being  fairly  and  bona  fide  employed  in 
receiving  and  discharging,  the  said  harbor  masters  are  constituted  the 
sole  judges.  And  further,  the  harbor  masters  shall  have  authority  to 
determine  how  far  and  in  what  instances  it  is  the  duty  of  the  master  and 
others  having  charge  of  ships  and  vessels,  to  accommodate  each  other  in 
their  respective  situations  ;  and  if  any  master  or  other  person  shall 
oppose  or  resist  any  harbor  master  in  the  execution  of  the  duties  of  his 
office,  he  shall  for  each  offense,  forfeit  and  pay  the  penal  sum  of  fifty  penalty  for  op- 
dollars,  to  be  sued  for  by  the  treasurer  of  the  Charity  Hospital  of  the  P^^'f?  harbor 

HiRSLi^rs  111  too 

city  of  New  Orleans,  for  the  use  of  said  hospital :  Provided^  however,  performance  of 

that  if  any  person  shall  consider  himself  aggrieved  by  the  decision  of  any  Persons  aggriev- 

individual  harbor  master,  he  shall  be  at  liberty  to   appeal  to  the  board,  ed  by  the  action 
'  J  rr  '   of  a  harbor  mas- 

and  their  concurrence  shall  be  given  thereto  before  such  decision  is  carried  ter,  may 'appeal 
into  effect.  to  the  board. 

Sec.  5.     That  the  board  of  harbor  masters  shall  have  power  to  demand  Compensation  of 
and  receive   from  the  commanders,  owners  or  consignees,  or  either  of  h*'^^^''  masters, 
them,  of  every  vessel  that  may  enter  the  port  of  New  Orleans  and  load, 
unload  or  make  fast  to  the  levee,  within  the  said  limits,  at  the  rate  of 


120 


HEALTH— BOARD  OF. — QUARANTINE. 


two  cents  per  ion,  to  be'computed  from  tlie  tonnage  expressed  in  the 
register  of  such  ressels  respectively,  and  no  more.  This  shall  not  extend 
to  chalands,  flats,  keelboats,  steamboats,  or  other  vessels  which  are 
employed  in  the  river  trade,  unless  upon  the  application  of  the  person 
having  charge  of  such  chaiand,  flat,  keelboat,  steamboat,  or  other  vessels 
so  employed.  The  harbor  master  shall  interfere  and  adjust  any  ditfer- 
ence  respecting  the  situation  or  position  of  such  flat  or  boat,  which 
difference  the  -harbor  masters  are  authorized  to  hear  and  determine ;  in 
which  case  they  may  demand  and  receive  from  the  party  in  default  in  the 
premises  the  sum  of  two  dollars  for  every  diff'erence  so  adjusted,  and  no 
more. 

Sec.  6.  That  it  shall  also  be  the  duty  of  the  said  harbor  masters  to 
superintend  and  enforce  all  laws  of  this  State,  and  all  laws  of  the  city  of 
New  Orleans,  for  the  preventing]and  removing  of  all  nuisances  whatsoever, 
in  or  upon  the  levee  of  the  city. 

Sec.  7.     That  the  said  board  of  harbor  masters  shall  keep  an  office  in 
a  central  part  of  the  city,  and  may  appoint  such  clerks   and  deputies  as 
Their  clerks  and  they  think  proper,  but  the  deputies  and  clerks  shall  take  an  oath  to  per- 
form truly  and  faithfully  the  duties  imposed  on  the  harbor  masters,  and 
the  said  harbor  masters  shall  be  responsible  for  their  acts. 

Sec.  8.  That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil 
Code  and  Code  of  Practice,  be  and  the  same  are  hereby^  repealed,— Acts 
of  1866,  page  206. 

For  Decisions  of  Supreme  Court,    see  "Master  and  Port  Wardens." 


Further  duties  of 
harbor  masters. 


Office  to  be  kept 
by  harbor  mas- 
ters. 


deputies. 


Certain  laws  re- 
pealed. 


HEALTH— BOAED  OF.— QUARANTINE. 


Duty  of  street 
commissioner 
and  the  police. 


Quarantine  es^ 
tablished. 


Board  of  health 
authorized  to  lo- 
cate quarantine 
ground,  receiye 
transfer,  and 


No.  364.  That  the  street  commissioner  and  all  tlie  police 
officers  of  the  city  be^  and  they  are  hereby  authorized  and 
required,  to  execute  and  enforce  all  orders  and  instructions,  that 
may  be  issued  to  them  respectively  by  the  board  of  health 
through  its  proper  officers,  in  pursuance  of  the  act  of  the  Legis- 
lature, approved  15th  March,  1855. 

City  Ordinance,  No.  2295. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  to  establish  Quarantine  for  the  protection  of  the  State. 
Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That  there  shall 
be  quarantine  established  below  the  city  of  New  Orleans,  on  the  river 
Mississippi,  at  a  distance  not  less  than  seventy  miles  by  the  river  from 
the  city.  That  the  board  of  health,  to  be  elected  under  this  act,  is 
hereby  authorized  to  locate  the  quarantine  ground,  to  receive  the 
transfer  of  the  necessary  land  in  the  name  of  the  State,  and  to  draw 


HEALTH — BOARD  OF. — QUARANTINE.  121 

upon  the  treasurer  of  the  State  for  the  necessary  amount,  out  of  the  fund  draw  for  amount 
appropriated  under  this  act ;  provided  the   consent  of  the    governor  of  PTOvi^"'^  ^ 
the  State  is  given  to  said  purchase. 

Sec.  2.     That   there    shall  be  a  board  of  health,  composed  of  nine  Board  of  health, 
competent  citizens  of  the  State,    to  be   elected   as   follow:  three  by  the  andchosen.^^ 
council  of  New  Orleans,  on  joint  ballot,  and  six  to  be   appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  Senate.     The  said 
members  shall   be   selected   with   reference  to  their  known  zeal  in  favor 
of  a  quarantine  system.     All  the  members   of  the  board  shall  be   com-  Term  of  office, 
missioned  by  the  governor  for  the  term  of  one   year,  after  having    filed 
and  subscribed  in  the  office  of  ohe  secretary  of  State  an  oath  well  aud  Oath, 
truly  to  enforce  and  comply  with  the  provisions  of  an  act  entitled  "an     » 
act  to  establish  Quarantine  for  the  protection  of  the  State,"  aud   in  case 
of  neglecting  or  failing  to  comply  with  the  above  required   oath,  within 
ten  days  after  their  appointment  or  election,  their  office  shall  be  considered 
vacated. 

Sec.  3.     That  the  board  of  health  shall  meet  once  a  month  from  the  Meeting  of  the 
first  of  November  to  the  first  of  June,  aud  once  a  week  from  the  first  of  ^^^^^  °^  ^^*"^ 
June  to  the  first  of  November,  and  as  often  as  they  deem  necessary. 

Sec    4.     That  the  board  of  health   shall  meet   and    organize   on   the  Time  of  meeting 
third  Monday  in  April,  and  elect  out   of  their  own  number  a  president,  and  organizing, 
whose  duty  shall   be    to  reside   in   New   Orleans   and   superintend  the  Duties  of  presi- 
different  quarantine   stations   of  the  State,    and   it   shall  be  his  duty  to  ^^^^' 
visit  them  as  often   as    the   board   of  health    shall  deem  necessary.     He 
shall  have  the  power  to   issue,    during  the  adjournment,  to  constables 
or  sheriJeF  all  orders  and  warrants  provided  by  the  provisions  of  this  act, 
and  shall  report  to  the  attorney  general   all  violations    of  the  same.     It 
shall  be  his  duty  to  lay  before  the  board,  at   each  meeting,  the  business 
to  be  transacted,  and  a  book  in  which   he  shall  enter  copies    of  all  letters 
written  by  him,  orders  and  warrants  issued,  and  a  detail  of  all  his  acts. 
He  shall  present  at  each  meeting  all  communications  forwarded  to   him, 
and  a  report  of  the  resident  physicians  and  treasurers,  and  perform  such 
other  duties  as  shall  be   assigned  to   him   by  the  board  of  health.     He  Hia  removal, 
shall   only  be  removed  by   impeachment,    and  shall  receive  a  salary  of  jjjy  gaiary. 
two  thousand  dollars  a  year. 

Sec.  5.     That  four  members   of  said  board   shall    form  a   quorum ;  Quorum, 
provided   however  that  no   contract  for  building  shall  be  entered  into 
without  the  consent  of  a  majority  of  the  board. 

Sec.  6.     That  the  board  of  health  shall  authorize   the  resident  physi-  Assistant  physi- 
cian to  employ,  in  case  of  need,  an  assistant  physician  at  the  quarantine 
ground  on  the  Mississippi  river,  who  shall  act  as  his  deputy,  and  whose  His  salary. 
salary  shall  not  be  more  than  two  thousand  dollars   a   year.      The  board  Powers  and  du- 
of  health  shall  have  power  to  employ  nurses  and   assistants  to  attend  the  of^health!^    ^^^ 
sick,    and   such   other  persons   as  may  be  necessary  to  carry  out  proper 
quarantine  regulations,  and  to  fix  their  compensation  ;  to  fix  the  number 
of  days  of  quarantine  for  vessels  liable  to   it  under   sections   ninth  and 
thirteenth  of  this  act,  not  to  be  less  than  ten  days;  to  determine  how  said 
quarantine  shall  be   performed ;  and   to  make   out  all  legal  regulations 
not  provided  by  this  act,  nor   contrary   to   the  same,  and  necessary  to 
16 


122  HEALTH — BOARD  OP.—QUARANTINE. 

carry  out  a  proper  system  of  quarantine,  and  to  enforce  the  same  by 
fine  not  exceeding  five  hundred  dollars ;  to  make  rules  and  regulations 
for  preserving  good  order  and  police  witliin  the  limits  of  the  quarantine 
ground,  and  to  impose  penalties  for  the  breach  thereof;  to  contract  for 
Secretaiy  and  the  necessary  buildings  at  the  quarantine  grounds;  to  appoint  a  secretary, 
Tvho  shall  act  as  a  treasurer,  whose  salary  shall  be  fifteen  hundred 
dollars  a  year,  and^  who  shall  furnish  security  in  a  sum  of  ten  thousand 
dollars.  It  shall  be  his  duty  to  keep  a  minute  of  the  proceedings  of  the 
board,  and   all   vouchers   and  expenditures  made  by   authority  of  said 

Po-.ver  to  remoTe  board.     The  board  of  health  shall  have  poAver  to  remove   or  cause  to  be 
substances  uetn- 

xnental  to  health  removed,    any  substance  which  they  may  deem  detrimental  to  the  health 

in  i  ew  Or  eans..   ^^  ^-^^   ^.^^    ^^  -^^^  Orleans,    and   the   commissioners   of  streets   shall 

execute  their  orders,    whenever  not  in  conflict  with   the  ordinances  of 

Powers  of  the       the  city  or  the  laws   of  the   State;  to  pass   and  enforce  sanitary   ordi- 
board  in  enforc-  r.      .,        .^  .■,,.-,  i  ,        .,  mi 

lug  sanitary         nances  for  the  city,  provided  the  same  are  approved  by  the  council  and 

ordinances.  published  as  city  ordinances ;    to   define   the   duties  of  officers  employed 

by  them,  and  impose  additional  duties  to  officers  appointed  under  this 
act ;  to  issue  warrants  to  any  constable,  police  officer  or  sheriff  in  the 
State,  to  apprehend  and  remove  such  person  or  persons  as  cannot  be 
otherwise  subjected  to  the  provisions  of  this  act,  or  who  shall  have 
violated  the  same;  and  whenever  it  shall  be  necessary  so  to  do,  to  issue 
their  warrant  to  the  sheriff  of  the  city  or  parish  where  any  vessel  may 
be,  having  violated  the  provisions  of  this  act,  commanding  him  to  remove 
said  vessel  at  the  quarantine  ground  and  arrest  the  officers  thereof,  all 
which  warrants  shall  be  executed  by  the  officer  to  whom  the  same  shall 
be  directed,  who  shall  possess  the  like  powers  in  the  execution  thereof, 
and  be  entitled  to  the  same  compensation  as  if  the  same  had  been  duly 

Appointment,       issued   out  of  any   court   of  the  State.     The    governor  shall  appoint  a 

duties  and  salary  police  officer  to  be  designated  as  marshal,  who  shall  be  under  the  control 
of  said  board  of  health,  and  reside  at  the  quarantine  station  on  the 
Mississippi  river,  -  whose  duties  and  powers  shall  correspond  to  those  of 
a  sheriff  or  constable,  so  far  as  regards  the  execution  of  warrants  and 
arrest  of  persons  for  violation  of  said  quarantine  regulations,  and 
for  said  services  shall  receive  the  annual  allowance  of  one  thousand 
dollars. 

Quarantine  sta         ^^^*  '^'     ^^^^   there   shall  be   a  quarantine  station  at  some  point  on 

tion  at  the  Eigo- the  Rigolets,  and  another  on   the   Atchafalaya  river,    two    miles   below 
lets  and  on  the  .  -,,11 

Atchafalaya.         "  Pilot's  Station,"  at  the  north  of  the  Wax  bayou.     The  board  of  health 

is  hereby  empowered  and  it  shall  be  their  duty  to  locate  them  agreeably 
to  the  provisions  of  this  section  ;  but  the  provisions  of  this  act  shall  only 
apply  to  the  station  at  the  Rigolets  from  the  day  of  the  issuing  of  the 
proclamation  of  the  governor  as  provided  by  section  thirteenth,  declaring 
any  port  on  the  lake  shore  or  on  the  Gulf  of  Mexico  to  be  an  infected 
place,  and  shall  remain  in  full  force  until  suspended  by  a  vote  of  two- 
thirds  of  the  members  of  the  board  of  health.  The  provisions  of  this 
act  shall  apply  to  and  be  enforced  at  the  quarantine  station  on  the 
Atchafalaya  river,  from  the  first  of  May  to  the  first  of  November  of  each 
year ;  and  also  when  the  governor  shall  have  issued  his  proclamation  as 
provided  by  the  thirteenth  section,  and  in  such  a  case  shall  remain  in 


HEALTH — BOARD  OF. — QUARANTINE.  123 

full  force  until  suspended  by  a  resolution  voted  for  by  two-thirds  of  the 
members  of  the  board  of  health.  There  shall  be  no  permanent  building 
erected  at  Pilot's  Station,  on  the  Atchafalaya  river,  but  the  board  of 
health  shall  use  as  an  hospital^for  the  reception  of  the  sick,  hulls  and 
cabins  of  steamboats  ;  the  board  of  health  shall  employ  an  officer,  whose 
duty  it  shall  be,  and  who  is  hereby  empowered,  to  require  from  captains 
of  vessels,  steamboats  or  crafts,  having  passed  the  station  at  the  Rigo- 
lets,  or  on  the  Atchafalaya  river,  the  permit  of  the  resident  physician 
The  board  of  health  shall  appoint  a  resident  physician  for  each  of  the 
two  quarantine  stations,  on  the  Rigolets  and  on  the  Atchafalaya,  and 
such  other  persons  as  may  be  necessary  ;  provided  their  salary  shall 
run  only  during  such  time  as  they  shall  thus  be  employed,  and  shall  in 
no  case  exceed,  for  the  time  they  shall  have  been  thus  employed,  the 
salary  of  the  same  officers  at  the  quarantine  station,  for  the  same  space 
of  time,  on  the  Mississippi. 

Sec.  8.     That  the  resident  physician  of  the   quarantine   ground  shall  Appointment, 
receive  a  salary  of  five  thousand  dollars  ($5,000),  and  shall  be  appointed  of ^Se  Scfent " 
by  the  governor  of  the  State,  by  and  with  the  advice  and  consent   of  the  physician  of  the 
Senate,  and  removable  at  pleasure.     It  shall  be  his   duty  to  visit  every  ground, 
vessel  coming  from  any  port  and  entering  the  mouth   of  the  Mississippi 
river.     He  shall  require  the   captain  of  every  vessel  thus   inspected  to 
pay  the  following  fees:  for  every  ship,  bark,  or  see  going   steamer,    the 
sum  of  twenty  dollars,  and  fifteen  for  all  other  vessels  ;  provided  nothing 
contained  in  this  section  shall   apply   to  any  vessel  or  craft  going  from 
New  Orleans  to  sea  and  returning  without  having  touched   at  any  port 
or  at  the  quarantine,  towboats  excepted ;  to  all  vessels   not  coming  from 
any  infected  district,    as  provided  by  section  thirteen,    or  not  having   on 
board  patients,   affected  with   cholera,  yellow  fever,  pestilential,   con- 
tagious or  infectious  diseases,  or  not  in  a  sanitary  condition,  a  certificate 
to  that  effect  shall  be   given.     It  shall  be  his   duty   to   return  to  the 
secretary  of  the  board  of  health  a  weekly  list  of  vessels  by  him  inspected, 
together  with  the  amount  collected  for  such  inspections,  which  shall  form 
a  fund  for  the  support  of  the  quarantine. 

Sec.  9.     That  the  resident   physician    shall   have   the  power  and  it  Power  to  detain 
shall  be  his  duty  to  detain  at  the  quarantine  ground,  with  their  cargoes,  ^^^^^^'i  "^"^'^^  s- 
crews  and  passengers,  all  vessels   coming  from  an  infected  district,    as 
provided  by  section  thirteen,  or  in  a  foul  condition,    or  having   on   board 
persons  affected  with  cholera,  yellow  fever,    pestilential,    contagious  or 
infectious  diseases,  during  such   time   as  he   may   deem   necessary,  not 
less  than  ten   days  ;  to  compel  the  captain    to   land    the   sick  at  the  Power  to  compel 
quarantine   ground,  to  fumigate  and  cleanse   all  such  vessels,   and  to  sfck  and  fumi- 
Bubmit  to  such  rules  and  regulations  as  will  be  hereafter  provided  by  the  °^^^  vessels, 
board  of  health,  and  that  all  costs  incurred   for  vessels   found  in  a  foul  Costs  for  vessels 
condition,  including  the  sum  of  five   dollars  for  the  support  of  each  and  condition^ 
every  sick  person  landed  at   the  quarantine  station,  shall  be  borne  by 
the  captain  and  owners,  and   shall  be  paid  to   the   resident  physician, 
before  a  certificate,  as  provided  by  section  eight,  shall  be  given. 

Sec.   10.     That  the  resident  physician  shall  have   such  other  powers  Duties  of  physl- 
as  may  be  delegated  to  him  by  the  board  of  health,  not  contrary  to  the  "*"• 


124 


HEALTH — BOABD  OF. — QUARANTINE. 


Appointment, 
duties  and  salary 
of  the  treasurer 
for  the  quaran- 
tine ground. 


Duties  of  the 
secretary  of  the 
hoard  of  health. 


Proclamation  in 
certain  cases  to 
be  issued  by  the 
governor. 


Effects  thereof. 


Penalty  for  not 
complying  with 
certain  quaran- 
tine regulations. 

Penalty  for  not 
complying  with 
the  regulations 


provisions  of  this  act,  and  necessary  to  carry  them  into  effect.  It  shall 
be  his  duty  to  remain  at  the  quarantine  ground,  attend  the  sick,  and 
perform  all  such  other  duties  as  may  be  required  of  him  by  the  board 
of  health. 

Sec.  11.  That  the  board  of  health  shall  appoint  a  treasurer  for  the 
quarantine  ground  on  the  Mississippi  river,  with  a  salary  of  fifteen 
hundred  dollars  ($15,000)  per  annum,  and  who  shall  furnish  security 
in  the  sum  of  ten  thousand  dollars  ($10,000.)  It  shall  be  his  duty  to  at- 
tend to  the  finances,  collect  all  sums  of  money  due  by  vessels  in  a  foul 
condition,  account  and  pay  over  to  the  secretary  of  the  board  of  health 
all  monthly  balances  in  his  hands,  and  shall  receive  and  deliver  the  freight 
of  all  vessels  ordered  to  be  unloaded,  and  perform  such  other  duties  as 
the  board  of  health  shall  require  of  him. 

Sec.  12.  That  the  secretary  of  the  board  of  health  shall  deposit  in 
bank  all  moneys  paid  over  to  him,  and  shall  keep  a  correct  account  of 
the  same.  He  shall  noreover  present,  at  each  meeting  of  the  board,  a 
statement  of  its  affairs,  and  cause  his  accounts  to  be  approved  by  the 
auditor  of  pablic  accounts  every  three  months,  and  shall  act  as  commis- 
sary for  the  purchase  of  provisions  and  supplies,  and  shall  deposit  in 
bank  all  moneys  paid  over  to  him,  and  shall  perform  such  other  duties 
as  the  board  of  health  may  assign  to  him. 

Sec.  13.  That  the  Governor  of  the  State,  shall  issue  his  proclamation 
upon  the  advice  of  the  board  of  health,  declaring  anyplace  where  there 
shall  be  reason  to  believe  a  pestilential,  contagious  or  infectious  disease 
exists,  to  be  an  infected  place,  stating  the  number  of  days  a  quarantine 
is  to  be  performed.  It  shall  be  the  duty  of  the  resident  physician  to  give 
timely  notice  to  the  board  of  health  of  the  necessity  of  such  proclama- 
tion. xVfter  such  proclamation  shall  have  been  issued,  all  vessels 
arriving  in  the  port  of  New  Orleans,  or  at  the  Rigolets,  or  at  the 
Atchafalaya  station,  from  such  infected  place,  shall  be  subject  to 
quarantine,  and  shall,  together  with  their  officers,  crews,  passengers 
and  cargoes,  be  subject  to  all  regulations,  passed  by  the  board  of  health, 
or  provided  by  this  act.  Every  master  of  a  vessel  subject  to  a  quaran- 
tine or  visitation,  arriving  in  the  port  of  New  Orleans,  who  shall  refuse 
or  neglect  eitho.r,  first,  to  proceed  with  and  anchor  his  vessel  at  the 
place  designated  for  quarantine  at  the  time  of  his  arrival ;  second,  to 
submit  his  vessel,  cargo,  and  passengers  to  the  examination  of  the 
jjhysician,  and  to  furnish  all  necessary  information  to  enable  that  officer 
to  determine  what  quarantine  shall  be  fixed  for  his  vessel ;  third,  to 
remain  with  his  vessel  at  the  quarantine  ground  during  the  period 
assigned  for  her  quarantine,  and  while  there  to  comply  with  the  direc- 
tions and  regulations  prescribed  by  this  act,  or  by  the  board  of  health, 
or  with  such  directions  prescribed  for  his  vessel,  creAV,  cargo  and 
passengers  by  the  resident  physician,  shall  be  guilty  of  a  misdemeanor, 
and  be  punished  by  a  fine  not  exceeding  two  thousand  dollars  ($-2000,) 
or  by  imprisonment  not  exceeding  twelve  months,  or  by  both,  at  the 
discretion  of  the  court. 

Sec.  14.  That  every  person  wdo  shall  violate  the  provisions  of  this 
act  by  refusing  or  neglecting  to  obey  or  comply  with  any  order,  prohi- 


HEALTH — BOARD  OF. — QUARANTINE.  126 

bition  or  regulation  made  by  the  board  of  health,  in  the  exercise  of  the  of  the  board  of 

powers  herein  conferred,  shall  be  guilty  of  a  misdemeanor,  punishable     ^*     ' 

by  fine  and  imprisonment,  at  the  discretion  of  the  court  by  which  the 

offender  shall  be  tried.     It  shall  be  the   duty  of  the  captain   of  every  Duty  of  captain  , 

towboat  towing  a  vessel  subject  to  quarantine  or  visitation,  to  leave 

such  vessel  at  the  quarantine  ground,  and  to  inform  the  captain  of  the 

penalties  attending  a  non-compliance  with  the  provisions  of  this  act. 

Sec.  15.     Tliat  the  captain  of  any  sea-going   vessel,  steamboat,   or  Peualty  for  Tio- 
towboat,  violating  the  provisions  of  this  act,  or  the  rules   and  regula-  visions  of  this 
tions  established  or  to  be  established  by  the  board  of  health,  shall  be  '^°*- 
considered  guilty  of  a  misdemeanor,  and  sentenced  to  pay  a  fine  not  ex- 
ceeding five   hundred  dollars,  and  imprisonment  not  exceeeding  one 
year. 

Sec.  16.     That  the  resident  physician  shall   report   to   the   attorney  Report  to  be 
general  all  violations  of  this  act;  and  it  shall  be  his  duty  to  prosecute  |»ade of  alf yio- 
all  person  or  persons  thus  offending  ;  to  collect  the  fines,  and  remit  the  act. 
amount  thereof  to  the  secretary  of  the  board  of  health,  whose  duty  it  sai4  violations!" 
shall  be  to  keep  a  separate  book  for  fines  collected,  to   be  approved  of 
every  three  months  by  the  attorney   general,  who  shall  receive  such 
compensation  as  the  board  may  fix  for  his  services. 

Sec,   17.     That  it  shall  be  the  duty  of  the  harbor   masters   in  their  Duty  of  harbor 
respective  districts,  to  demand  of  the  captain  of  every  vessel  arriving  masters, 
from  sea  to  New  Orleans,  the  permit  of  the  resident  physician,  and  to 
report  to  the  secretary  of  the  board  of  health  all  vessels  having  entered 
the  port  without  such  permit. 

Sec.  18.     That  from  the  first  of  May   to  the  first  of  November,  all  Tow  boats  liable 

towboat  s  ply  ins:;  from  the  mouth  of  the  river  to  New  Orleans,  shall  be  ^°  inspection  and 

^  *'      '^  '  quarantine, 

liable  to  inspection  and  quarantine,  and   it  shall   be  the   duty   of  the 

different  harbor  masters  to  require  from  the  captains  of  such  towboats 

the  certificate  of  the  resident  physician,  as  provided  by  section  eighth, 

which  certificate  shall  not  be  granted  before  a  detention  of  at  least  five 

days  :  provided,  nothing  herein  contained  shall  be  so  construed   as  to 

apply  to  towboats  plying  between   New   Orleans   and  the   quarantine 

ground,  and  no  further. 

Sec.  19.     That  the  captain  of  any  towboat  or  steamboat,  who  shall  Penalty  imposed 
receive  on  board  of  his  boat,  freight,  goods,   or   passengers,  from   a  on  captains  for 
vessel  liable  to  inspection  or  quarantine,  or  who  shall  receive   goods  or 
passengers  from  the  quarantine  ground,  without  the  permission  of  the 
resident  physician,  shall  be  punished  by  a  fine  not  exceeding  two  thou- 
sand dollars  ($2000,)    and  by   imprisonment  at  the  discretion  of  the 
court ;  and  all  violations  of  the  provisions  of  this  act  at  the  quarantine  courts  which 
station  on  the  Mississippi  river,  and  at  the  Rigolets,  shall  be   tried  by  shall  have  juris- 
the  criminal  court  of  New  Orleans,  and  all  violations  of  this  act  at  the  offenses, 
station  on  the  Atchafalaya  river,  shall  be  tried  by  the  district  court  of 
the  parish  of  St,  Mary. 

Sec.  20.  That  the  board  of  health  shall  cause  such  extracts  of  this  Extracts  of  this 
act  to  be  made,  as  they  may  deem  necessary  for  the  information  of  the  ed  for  theTenefit 
masters  of  vessels  arriving  in  this  State,  and  shall  cause   a  sufficient  o^  masters  of 

T6SS61S* 


126 


HEALTH — BOARD  OF.— QUARANTINE. 


Duty  of  pilots  to 
deliver  printed 
copies  of  ex- 
tracts. 

Penalty. 


Fine  for  going  on 
board  vessels 
performing 
quarantine. 

Designation  of 
the  limits  of  the 
quarantine  sta- 
tic a. 


Appropriation  of 
$50,000. 


When  and  how 
paid. 


Buildings  at  the 
quarantine  sta- 
tion on  the  Mis- 
sissippi' 


Buildings  at  the 
lligolets. 


Building  at  the 
Atchafalaya  sta- 
tion. 

Transfer  of  land 
ai  the  lligolets 
and  on  the  At- 
chafalaya, how 
received. 


Election  by  coun- 
cil of  New  Or- 
leans of  three 
members  of  the 
board  of  health. 


Incorporation  of 
the  board  of 
health. 


number  to  be  printed  and  delivered  to  the  pilots,  to  be  distributed  to  the 
masters  of  vessels  arriving  as  before  provided. 

Sec.  21.  That  every  pilot  or  any  other  person  acting  as  such,  shall 
deliver  to  the  master  of  every  vessel  inward  bound,  one  copy  of  the 
principal  extract  from  this  act,  which  shall  be  furnished  him  by  the 
board  of  health,  and  any  pilot  refusing  or  neglecting  so  to  do,  or  aiding 
in  landing  any  passenger  or  other  person,  contrary  to  this  act,  shall 
forfeit  one  hundred  dollars  for  every  oifense. 

Sec.  22.  That  every  person  who  shall  go  on  board  of  any  vessel 
while  performing  quarantine,  without  the  permission  of  the  resident 
physician  or  his  assistants,  shall  forfeit  the  sum  of  fifty  dollars. 

Sec.  23.  That  the  quarantine  stations  shall  be  known  by  that  name, 
and  their  limits  shall  be  designated  by  boards  placed  on  the  boundaries 
on  which  shall  be  printed  in  large  letters :  "  These  are  the  limits  of  the 
quarantine  station." 

Sec.  24.  That  the  sum  of  fifty  thousand  dollars  ($50,000)  be  and 
is  hereby  appropriated,  out  of  any  moneys  in  the  treasury  not  otherwise 
appropriated,  to  be  paid  to  the  secretary  of  the  board  of  health,  on  a 
resolution  of  a  majority  of  the  board,  payable  by  instalments;  provided 
that  the  second  and  third  instalments  shall  not  be  paid  until  the 
accounts  of  the  secretary  of  the  board  of  health  shall  have  been  audi- 
ted and  approved  by  the  auditor  of  public  accounts,  for  former 
disbursements. 

Sec.  25.  That  the  buildings  to  be  erected  at  the  quarantine  station, 
shall  consist  of,  at  the  station  on  the  Mississippi  river,  two  separate 
buildings,  as  hospitals  for  the  sick,  of  a  small  house  as  residence  for 
the  officers  appointed  under  this  act,  and  of  a  well  ventilated  store  for 
the  reception  of  the  freight  of  such  infected  vessel  as  the  resident 
physician  shall  deem  necessary  to  cause  to  be  unloaded.  The  buildings 
at  the  lligolets  shall  be  constructed  of  wood  and  consist  of  an  hospital 
for  the  sick,  and  of  a  store  for  the  freight  of  vessels  or  steamboats 
ordered  to  be  unloaded.  At  the  Atchafalaya  station  a  good  shade  shall 
be  provided  for  the  freight  of  vessels  ordered  to  be  unloaded.  The 
board  of  health  shall  receive  the  transfer  of  such  land  as  may  be  neces- 
sary at  the  Rigolets  and  on  the  Atchafalaya  river,  in  the  same  manner 
and  under  the  same  conditions  as  are  required  by  section  one,  and  all 
plans,  specifications  and  contracts  for  the  above  buildings  shall  be  sub- 
mitted to  and  approved  by  the  Governor  of  the  State,  provided  that  the 
costs  of  said  buildings  shall  in  no  case  exceed  the  amount  hereinbefore 
appropriated. 

Sec.  26.  That  it  shall  be  the  duty  of  the  council  of  New  Orleans, 
within  ten  days  after  the  passage  of  this  act,  to  elect  three  members  of 
the  board  of  health,  as  provided  by  section  second  of  this  act,  and  all 
acts,  resolutions  and  ordinances  passed  by  them,  after  the  expiration 
of  the  delay  herein  prescribed  and  before  the  election  of  the  members 
of  the  board  to  be  elected  by  them,  shall  be  null  and  void.     - 

Sec.  27.  That  the  board  of  health  and  their  successors  are  hereby 
created  a  body  corporate,  under  the  name  of  the  board  of  health  of 
the  State  of  Louisiana,  to  sue  and  to  be  sued  under  that  title. 


HOSPITAliS.  127 

Sec.  28.     That  all  laws  or  parts  of  laws  inconsistent  with  the  pro-  Certain  laws  re- 

dphIgcI 

Yisions  of  this,  be  and  the  same  are  hereby  repealed. 

Sec.  29.     That  this  act  shall  take  effect  from  and  after  its  passage.—  When  this  act 

^  °  takes  effect. 

Acts  of  1855,  page  471. 


HOSPITALS. 

For  City  Tax,  see  No.  670. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  to  provide  for  the   Administration   of  the   Charity  Hospital  at 
New  Orleans,  and  to  provide  a  revenue  for  its   support. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly  convened,  That   within  twenty  Eight  adminis 
days  after  the  meeting  of  the  general  assembly  each  year,  the  Governor  po'Sj," ed  ann^uatiy 
shall  nominate  and,  with  the  advice  and  consent  of  the  Senate,  appoint  by  the  governor, 
eight  administrators  of  the  charity  hospital  at  New  Orleans,  who,  together 
with  the  Governor  of  the  State,  shall  compose  the  board   of  administra- 
tors.    The  Governor  shall  be  in  perpetuity  president  of  the  board.     They  ^he  governor  to 
shall  at  their  first  meeting  elect  a  vice-president,  who   shall  perform  the.  ^^  president  of 
duties  of  president  in  his  absence.     A   quorum   for   the   transaction    of  Vice-president, 
business  shall  be  four  administrators,  who  shall   have  power  to  elect,  in 
the  absence  of  the  president   and  vice-president,    a  president  pro  tem. 
They  shall  assemble  on  the  first  Monday  of  each   month,  and   oftener  if  when  they  shall 
the  president  think  fit,  or  business  requires  it.  ^^^^' 

Sec.  2.  That  they  shall  have  full  power  and  authority  to  manage  and  Powers  of  board, 
administer  the  hospital,  to  repair  and  improve  its  property,  of  what- 
ever nature  it  may  be,  to  rent  and  lease  the  same,  and  to  enter  into  any 
kind  of  contracts,  (sales  of  real  estate  excepted,)  to  accept,  in  behalf  of 
the  hospital,  all  donations  and  legacies,  also  to  sue  and  implead  and  to 
be  impleaded,  in  all  affairs  and  actions  whatever,  before  any  of  the 
courts  of  the  State. 

Sec.  3.  That  they  shall  have  the  power  to  order,  establish,  alter  and  Powers  and  da- 
put  into  execution  all  by-laws  and  ordinances  which  they  think  best 
suited  to  the  interest  and  better  regulation  of  the  hospital,  if  such  by- 
laws and  ordinances  be  not  contrary  to  the  laws  of  this  State,  to  the 
constitution  of  the  United  States,  nor  to  the  police  ordinances  of  the  cor- 
poration of  New  Orleans ;  and  to  appoint  the  several  persons  they  may 
judge  necessary  for  the  service  of  the  hospital.  At  each  monthly  meet- 
ing they  shall  designate  two  of  their  own  members,  whose  duty  it  shall 
be,  either  jointly  or  separately,  to  visit  the  hospital,  at  least  twice  in 
every  week,  to  inspect  the  service  of  the  same,  and  enforce  the  execution 
of  the  regulations,  on  all  which  they  shall  make  their  report  to  the 
board. 


128 


HOSPITALS. 


Treasurer,  his 
bond. 


Duties  of  trea- 
surer. 


Power  in  certain 
eases    to    vacate 


members. 
Power  to  fill  va- 
cancies. 

Annual  report  of 
the  board. 


Sec.  4.  That  they  shall  appoint  a  treasurer,  to  be  continued  at  their 
own  will,  who,  before  he  enters  upon  the  functions  of  his  office,  shall 
give  a  bond  and  security  to  the  satisfaction  of  the  board  of  adminis- 
trators. 

Sec.  5,  That  it  shall  be  the  duty  of  the  treasurer  to  recover  all  sums 
due  to  the  hospital,  to  keep  a  correct  statement  of  its  property,  claims 
and  revenues,  and  to  make  all  necessary  payments  authorized  by  the 
board,  and  not  otherwise,  and. finally  to  return  every  year  to  the  board  a 
minute  account  of  his  receipts  and  expenditures,  which,  after  being 
carefully  examined  by  a  special  committee,  shall,  if  found  just  and 
correct,  be  approved  by  the  board. 

Sec.  6.     That  the  board  shall  have  power  to  declare  the  seat  of  any 
seat"  oiT  absent  Diember  vacant  who  shall  absent  himself  from    three  successive  monthly 
meetings,  without  leave,  and  to  fill  all  vacancies  that  may  occur  in   the 
board. 

Sec,  7.     That  the  administrators  shall,  within  the  first  ten  days  after 

the  annual  meeting   of  the   general   assembly,  make   a  report  to  each 

branch  thereof,    which   report ,  shall   contain   a   faithful  account  of  the 

receipts   and   disbursements   of  the  institution,  and  a  faithful  statement 

of  all   property,  both  treal   and  personal,    owned   and  claimed  by   the 

charity  hospital. 

Register  to  be  Sec.  8.     That  a  register  containing  the  family   and   christian  names 

ep    y    e  c  er     ^^  ^^^^  ^^^   every   patient  who   shall  have   been    admitted   into    the 

hospital,  also   his    last  place   of  residence,  if  known,  the  disorder  with 

which   he   may  have   been  afilic ted,  the  time   of  his  death  or  discharge, 

and  whether  cured  or  not,  shall  be  kept  by  the  clerk  of  the  establishment. 

Tableau  to  be  an-  under  the  Superintendence    of  the   administrators;  audit  shall  be  their 

annual  report,      ^^^y  -^  annex  to  their  annual  report  to   the  general  assembly  a  tableau 

extracted  from   this   register,    exhibiting  the   nature    of    the    diseases 

attended  to  in  the   hospital  during  the  proceeding  year,    the  number  of 

patients  admitted,  the  number  of  persons  dead,  cured,  or  gone  out  of  the 

hospital  for   any  other  cause;    the   number  of  those  born  in  the  same 

country,  and  the  number  remaining  at  the  end  of  the  year. 

Money  coming  to       Sec.  9.     That  all  money  coming  to  the  hospital    shall  be   exclusively 

appropTiat^ed.  °^  appropriated   to   the   use   of  the    patients,  but  the  administrators  may 

from  time  to  time  make  such  changes   in  or  additions  to  the  hospital  as 

they  may  deem  expedient,  whenever  the  revenues  may   permit  the  same 

to  be  done. 

Sec.  10.  That  for  every  public  ball  or  concert,  the  sum  of  ten 
dollars  shall  be  paid  to  the  treasurer  of  the  hospital,  and  annu- 
ally for  each  theatre,  five  hundred  dollars ;  for  each  circus,  one 
hundred  and  fifty  dollars  ;  for  every  manegerie,  fifty  dollars,  and  every 
show,  twenty-five  dollars  ;  and  it  shall  be  the  duty  of  the  mayor  of  the 
city  of  New  Orleans,  in  authorizing  any  of  these  exhibitions,  previously 
to  require  the  receipt  of  the  treasurer  of  the  hospital,  for  the  payment 
of  said  sums  respectively,  and  in  case  he  should  issue  any  license  without 
such  receipt,  the  city  of  New  Orleans  shall  be  liable  therefor. 
■Rep't  to  be  made  Sec.  11.  That  within  twenty-four  hours  after  the  arrival  of  any 
of  Tcs^lB.*°  *"   vessel  at  its  place  of  destination  from  any  foreign  port,  the  commanding 


Certain  exhibi- 
tions taxed  for 
the  benefit  of 
the  hospital. 


HOSPITALS.  129 

oflBcer,  or  any  other  officer  of  such  vessel,  shall  make  under  oath  a  -writ- 
ten report  to  any  resident  hospital  commissioner,  which  shall  state  the 
name  of  such  vessel,  its  owners,  officers  and  consignees,  the  place  where 
its  voyage  began,  and  the  name,  nation  or  birthplace,  race  or  color,  age, 
occupation,  place  of  first  embarkation,  and  place  and  time  of  debarkation 
in  this  State,  of  every  person  or  passenger,  not  of  the  crew  proper,  and 
not  a  citizen  of  the  United  States,  who  shall  have  landed  from  such  vessel 
within  this  State.  He  shall  report  in  like  manner  whether  or  not  any 
officer  of  such  vessel  has  collected  from  any  person  or  passenger,  not  a 
citizen  of  the  United  States,  any  commutation  money,  as  hereinafter 
allowed  to  be  paid ;  and  if  so,  from  and  by  whom  and  to  what  amount. 

Sec.  12.     That  every  person  not  a  citizen  of  the  United  States,  and  Bond  to  be  giren 
above  the  age  of  ten  years,  arriving  and  landing  at  any  place  within  g^ns?^'^  *'"  ^^^ 
the  limits  of  the  State  of  Louisiana,  from  any  foreign  port,  shall  in  like 
manner  report  himself  to  any  resident  hospital  commissioner,  and  when 
they  are  above  the  age  of  majority,  or  by  their  parents  or  guardians 
when  under  the  age  of  majority,  shall  give  bond  in  the  sum  of  one 
thousand  dollars,  with  one  or  more  joint  and  several  solvent  sureties, 
resident  in  the  parish  where  such  person  may  have  landed,  conditioned 
that  the  principal  in  such  bond  shall  not,  at  any  time  within  five  years 
from  the   date  thereof,  become,  from  any    cause,   chargeable   in  any 
manner  to  the  State,  to  its   citizens,  or  to  any   charitable   institution 
within  its  limits,  unless  such  institution  be  voluntarily  supported  by 
foreigners  or  citizens  of  foreign  birth.     And  every  person  who  shall  Penalty  for  not 
refuse  or  wilfully  neglect,  for  twenty-four  hours  after  his  arrival  and  ^^^  °^  ®"^     °**' 
landing,  to  make  report  and  give  bond  as  by  this  section  required,  shall 
incur  a  penalty  of  fifty  dollars.     Persons  arriving  and  landing  in  the 
parishes  of  Plaquemines,  St.  Bernard,  Orleans  or  Jefferson  shall  report 
themselves  in  New  Orleans,  and  furnish  bond  with  surety  resident  in 
the  city  of  New  Orleans. 

Sec.  13.     That  it  shall  be  lawful  for  any  person  referred  to  in  the  Commutation  for 
foregoing  section,  who  may  be  unable  or  unwilling  to   furnish  bond  as  ^^^'^  ^^^' 
required,  to  commute  therefor  by  paying  within  twenty-four  hours  after 
his  arrival  the  sum  of  two  dollars  and  fifty  cents. 

Sec.  14.  That  the  commutation  payments  allowed  by  the  foregoing  Said  commuta- 
.  section  may  be  lawfully  made  to  any  hospital  commissioner,  or  to  the  ^hom*made.*^  ^ 
clerk  or  commanding  officer  of  the  vessel  on  which  the  person  making 
such  payment  arrives.  And  every  such  commanding  or  other  officer 
shall  on  the  arrival  of  their  vessel,  or  on  his  own  arrival,  forthwith  pay 
over  to  any  hospital  commissioner  the  sums  so  received  or  collected,  less 
a  commission  of  five  per  cent.,  which  he  shall  be  entitled  to  retain  for 
his  trouble. 

Sec.  15.     That  all  bonds  taken  or  reports  received  by  any  commissioner,  Effect  of  bonds 
as  aforesaid,  shall  have  the  force  and  authenticity  of  notarial  acts,  as 
against  the  signers  thereof;  and  every  person  not  a  citizen  of  the  United 
States,  claiming  to  be  exempt  from  making  report  or  giving  bond,  shall 
be  held  to  prove  his  exemption. 

Sec.  16.     That  it  shall  b^  the  duty  of  the  board  of  administrators  to  Hospital  commls. 
appoint   one  or  more  commissioners,  removable  at  will,  to  be  styled  "^'^®''^' 
17 


130  HOSPITALS. 

pointment,duties  hospital  commissioners,  who  shall  have  power,  in  the  name  and  for  the 

an  powers.  ^^^  ^^  ^^^  hospital,  to  sue  for  and  recover,  collect,  receive  and  receipt 
for,  all  commutation  money,  bonds,  fines,  forfeitures  and  penalties ;  the 
commissioners  shall  each  furnish  bond  satisfactorily  to  the  president  and 
administrators  at  the  hospital,  for  the  faithful  performance  of  their 
duties.  They  may  also,  with  the  consent  and  approbation  of  the  presi- 
dent and  administrators,  appoint  deputies,  for  whose  acts  they  shall  be 
responsible,  who  shall  be  vested  with  the  same  powers  and  duties  as 
themselves.  The  commissioners  and  deputies  shall  perform  such  other 
duties  as  may  be  imposed  on  them  by  the  board ;  they  are  also  vested 
with  the  power  of  boarding  all  vessels  and  examining  their  log  books 
and  other  documents,  and  with  all  other,  powers  reasonable  and  neces- 
sary for  properly  enforcing  the  same  in  all  its  parts,  they  being 
responsible  for  the  abuse  of  their  powers  ;  they  also  shall  have  authority 
to  compound  for  penalties,  fines  and  forfeitures  incurred  so  long  as 
judgment  has  not  been  rendered  for  the  same,  subject  always  to  the 
control  of  the  board. 

Bonds,  fines  and       Sec.  17.  That  all  bonds,  fines,  forfeitures  and   penalties   shall  be  paid 

p^ai"  tcThaspitait  ^^  ^^^  belong  to  the  charity  hospital,  and  shall  be  applied  to  the  medical 

and  how  applied,  and  surgical  relief  of  the  sick  and  destitute. 

Penalties  for  cer-  Sec.  18.  That  any  person  opposing  or  obstructing  in  any  manner 
the  commissioners  or  their  deputies  in  the  exercise  or  performance  of  their 
official  duties,  shall  incur  a  penalty  of  not  less  than  twenty-five  dollars  nor 
more  than  three  hundred  dollars.  Any  person  collecting  commutation 
or  other  money  on  behalf  of  the  charity  hospital,  or  belonging  to  it, 
and  concealing  the  fact,  or  not  paying  the  same  over  to  the  proper 
commissioner  or  agent,  on  demand,  shall  incur  a  penalty  of  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars.  Any  commanding 
or  other  officer  of  any  vessel  refusing  and  unreasonably  neglecting  to 
report,  shall  incur  a  penalty  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars. 

Certain  laws  re-  Sec.  19.  That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 
laws  upon  the  same  subject-matter,  except  what  is  contained  in  the  Civil 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  203. 


DECISIONS  OF    SUPKEME    COURT. 

The  statute  of  March  12,  1838,  sec.  4,  making  it  the  duty  of  the  mayor 
of  New  Orleans,  before  authorizing  exhibitions  in  any  theatre,  to  require 
from  the  manager  the  production  annually  of  a  receipt  from  the  treasurer 
of  the  charity  hospital,  showing  the  payment  by  the  manager  of  the  sum 
of  five  hundred  dollars  for  the  use  of  the  hospital,  is  not  unconstitutional. 
The  exaction  of  a  price  for  the  license  so  granted  is  not,  in  its  proper 
legal  sense,  a  tax.     2  Ann.  550,  5  Ann.  380. 

The  council  may  grant  permission  to  one  or  more  individuals  to  erect 
a  hospital  within  the  city.  9  R.  R.  411. 

The  common  council  may  abate  private  hospitals  when  they  become 
nuisances,  6  N.  S.  4.09, 


HOTELS,  BOARDING  HOUSES,  ETC.  18 1 

The  tax  created  by  the  statute  of  March  27,  1843,  providing  a  fund  for 
the  support  of  the  charity  hospital  of  New  Orleans,  being  imposed  exclu- 
sively on  the  passengers  and  not  on  the  officers  and  crew  of  a  vessel, 
cannot  be  regarded  as  a  regulation  of  commerce  and  is  therefore  not  a 
violation  of  the  United  States  constitution  (Art.  1,  sec.  8,)  nor  are  its 
provisions  inconsistent  with  any  act  of  Congress  regulating  commerce  or 
prohibited  by  the  act  of  Congress  of  April  8,  1812,  that  act  having  no 
further  application  since  the  admission  of  Louisiana  into  the  Union.  7  K. 
R.  210. 


HOTELS,  BOARDING  HOUSES,  ETC. 

For  city  tax,  see  Nos.  654,  684,   721. 
Betaining  free  persons  of  colour,  see  No.  771. 

ACTS  OF  THE  LEGISLATURE. 

Sec.  62.     That  all  keepers   of  hotels,    taverns,  boarding  houses,  and  Account  to  be 
all  other  house  keepers,  upon  their  being  requested  by  the  assessors  of  keepers^o^ hotels 
the  district  in  which  said  hotel,  tavern,  boarding  house  or  other  house,  etc. 
may  be  situated,  shall  give   auch  assessors   a  true  account  of  all  persons 
boarding  or  lodging  or  being  tenants   or  resident  in  such  house,    and 
their  several  names,  if  known  to  the  end  that  any  such  person  pliable  to 
taxation  may  be   assessed  according  to  this  act ;  and  if  any  person  of  ' 

whom  such  information  is  demanded  shall  refuse  to   give  the  same,    or 
shall  wilfully  give  an  erroneous  account,  such  person  shall  forfeit  and  Penalty  for  not 
pay  one  hundred  dollars  to  the  city  of  New  Orleans,  which  said  city  may  account.'^^ 
sue  for  and  recover  the  same,  in  any  court  having  jurisdiction  thereof. — 
Acts  of  1856,  p.  151. 


HOUSES  OF  REFUGE. 


No.  365.     (1.)     Hereafter,  in  the  montli  of  May,  in  each  Council  to  elect 

,,  ^^       ^^^      ^  i.  ..  c  commispioncrs. 

year,  the  council  will  elect  thirteen  citizens  to  serve  tor  one 
year,  or  until  their  successors  shall  be  elected,  who,  with  the 
mayor,  shall  constitute  a  board  of  commissioners  for  the  manage- 
ment of  said  house  of  refuge. 

No.  366.     (2.)     The  commissioners,  of  whom  five  shall  form  President, 
a  quorum,  shall  at  their  first  meeting  after   their  election,  elect 
from  their  own  members   a  president,   prescribe   his  duties  and 
adopt  rules  and  regulations  for  their  own  government. 


132 


HOUSES  OF  REFUGE. 


Power  and  duty      No.  367.     (3.)     The  board  of  commissioners   shall  have  the 

ofcommissioners.  ^        •  i    i 

management  of  said  house  of  refuge^  prescribe  the  kind  and 
amount  of  labor  to  be  performed  by  the  inmates — make  rules 
and  regulations  for  their  instruction^  improvement  and  govern- 
ment, and  do  and  perform  all  other  acts  they  may  deem  neces- 
sary and  proper  for  their  improvement,  or  to  carry  into 
complete  effect  the  objects  contemplated  by  the  laws  of  the 
State,  relative  to  houses  of  refuge  for  juvenile  delinquents  and 
juvenile  vagrants.  Provided,  however,  that  they  shall  not  make 
any  agreement  or  contract  for  the  payment  of  money,  except 
for  the  ordinary  supplies  and  expenses  of  said  house  of  refuge, 
or  for  materials,  or  mechanical  or  agricultural  tools,  for  manu- 
facturing or  agricultural  purposes  in  said  institution. 

No.  368.  (4.)  The  said  commissioners  shall  report  quarterly 
to  the  council  the  condition  of  said  house  of  refuge,  accompanied 
by  such  information  and  suggestions  in  relation  to  the  same,  as 
may  be  deemed  expedient. 

No.  369.  (5.)  The  standing  committees  on  the  house  of 
refuge,  of  either  board  of  the  common  council,  shall  have 
authority,  at  all  times,  to  inspect  the  minutes  of  the  proceedings 
of  the  board  of  commissioners  and  all  records  of  the  institution ; 
and  it  shall  be  the  duty  of  said  committees  to  visit  the  said 
house  of  refuge  at  least  once  in  every  month. 

No.  370.  (6.)  The  commissioners  of  the  house  of  refuge 
be,  and  they  are  hereby  authorized  to  appoint  such  number  and 
grade  of  officers  or  servants  for  the  institution,  as  they  may  deem 
necessary  and  advantageous,  and  determine  their  compensation, 
provided  the  annual  salaries  and  wages  shall  not  exceed  the  sum 
of  five  thousand  and  five  hundred  dollars. 

No.  371.  (7.)  Immediately  after  the  adoption  of  this  ordi- 
nance, the  council  shall  elect  thirteen  citizens  as  commissioners, 
as  aforesaid,  to  serve  until  the  next  annual  election. 
Eepeaiing clause.  No.  372.  (8.)  Ml  Ordinances  of  the  late  Municipalities  Nos. 
1,  2  and  3,  and  of  the  late  city  of  Lafayette,  inconsistent  with 
this  ordinance  be,  and  the  same  are  hereby  repealed. 

City  Ordirance,  No.  1015. 


To  report. 


Standing  com 
mittees. 


Officers  and  ser- 
vants. 


Failure  to  attend 
meetings. 


No.  373.  When  any  member  of  the  board  of  commissioners 
of  the  house  of  refuge  shall  fail  to  attend  all  the  meetings  thereof, 
during  a  period  of  two  calendar  months,  without  leave  from  the 
board,  he  shall,  ipso  facto  cease  to  be  a  member  of  said  board. 

City  Ordinance,  No.  2123. 


HOUSES  OP  REPUaE.  138 

No.  374.     That  the  ordinances  or  resolutions  of  the  common  Secretary  of 

board. 

council,  or  of  the  late  Municipality  No.  2,  constituting  the  clerk 
of  the  recorder  of  said  [Municipality,  or  of  the  recorder  of  the 
first  district,  secretary  of  the  board  of  commissioners  of  the 
house  of  refuge,  and  providing  for  his  compensation  be,  and  the 
same  are  hereby  repealed,  and  that  the  board  of  commissionei*s 
have  power  to  elect  their  secretary. 

City  Ordinance,  No.  1261. 

No.  375.     From  and  after  the  passage  of  this  ordinance  the  The  house  of 

rcfuGTo 

house  of  refuge  situated  in  the  first  district  of  this  city,  and 
known  as  the  house  of  refuge  of  Municipality  No.  2,  shall  be 
known  and  recognized  as  the  house  of  refuge  of  the  city  of 
New  Orleans. 

All  juvenile  delinquents  and  offenders,  committed  by  the 
recorder  or  other  magistrates  or  courts  of  the  city  to  the  house 
of  refuge,  shall  be  sent  to  it. 

City  Ordinance,  No.  3S. 

No.  376.      That  the    city  attorney   be,   and  he  is    hereby.  Legal  proceed- 
instructed,  to  attend  to  all  cases  of  habeas  corpus,  or  other  legal   °^^* 
proceedings,  relating  to  the  house  of  refuge. 

City  Ordinance,  No.  229. 

No.  377.  That  the  proposition  of  James  Saul,  to  transfer  to  Giris  of  House  of 
the  city  the  title  acquired  by  him,  under  the  adjudication  at  ^®^"s®* 
public  sale  on  the  19th  March  last,  by  Beard  and  May,  auctioneers, 
of  the  property  known  as  the  ^^  Fulton  School  House,  '^  to  be 
used  as  a  house  of  refuge  for  girls,  be  accepted ;  and  the  mayor 
is  hereby  authorized  to  accept  and  sign  an  act  of  retrocession  of 
the  same,  etc.,  etc. 

City  Ordinance,  No.  1340. 

No.  378.  In  order  to  enable  the  inmates  of  the  house  of  Appropriation 
refuge  to  celebrate  the  following  public  holidays,  viz  :  the  anni-  ^°^  °  ^  ^^^' 
versary  of  American  Independence,  Washington's  birth  day,  and 
thanksgiving  day,  that  the  sum  of  fifty  cents  for  each  boy  and 
each  girl  in  the  houses  of  refuge,  for  the  time  being,  be  and  is 
hereby  appropriated  for  each  of  said  holidays,  for  each  year, 
payable  on  the  warrants  of  the  .comptroller,  in  favor  of  the  pres- 
ident of  the  board  of  commissioners  of  the  house  of  refuge,  and 
which  the  comptroller  is  hereby  authorized  to  issue  one  week 
previous  to  the  date  of  said  holidays,  respectively. 

CHty  Ordinance,  No.  1576. 

Punishment  of  Minors,  see  No.  648. 


13-4  INSANE  PERSONB- 

ACTS  OF  THE  LEGISLATURE. 

Application  of  Sec.  5,     That  all  inmates  at  present  in  any  of  the  houses  of  refuge  in 

thi^sSr'^^°°^  °^  *^®  ci*y  °^  ^®^  Orleans  shall  be  kept,  detained  and  governed  during  the 

periods  respectively  specified,  and  dealt  with  in  all  respects  according  to 

the  provisions  of  this  act. — Acts  of  1850,  p.  96. 

Juvenile  va-  Sec.  122.     That  if  any   child   shall   be   found  begging  for  alms  or 

?r*^ed.  °^  soliciting  charity  from  door  to  door,  or  in  any*  street,  highway  or  public 
place,  such  child  shall  be  deemed  a  vagrant,  and  any  justice  o^  the  peace 
of  the  parish,  or  any  one  of  the  recorders  or  aldermen  of  the  city  of 
New  Orleans,  shall  commit  him  to  such  place  of  refuge  as  may  be  pro- 
vided by  the  parochial  authorities,  and  if  in  the  city  of  New  Orleans,  to 
the  house  of  refuge  of  the  city,  and  the  child  shall  be  there  detained, 
kept,  employed  and  instructed  in  such  useful  labor  as  he  shall  be  able  to 
perform,  until  discharged  therefrom  under  the  rules  of  the  places  of 
refuge,  or  bound  out  as  an  apprentice  by  the  administrators  of  such 
places  of  refuge,  or  by  the  parochial  authorities. — Acts  of  1855,  p.  150. 

Persons  under  Sec.  31.  That  the  judges  of  the  several  courts  of  the  city  of  New 
capital,  may°be  Orleans,  exercising  criminal  jurisdiction,  are  herby  authorized  and 
housT^^f  ^V^®  empowered  to  sentence  all  persons  under  the  age  of  fifteen  years,  con- 
instead  of  peni-  victed  of  any  crime  not  capital,  to  the  house  of  refuge,  instead  of  the 
en  lary.  penitentiary  or  parish  prison. — Acts  of  1855,  p.  155. 


INSANE  PERSONS  — ASYLUM  FOR,  ETC. 

Asylum  building  No.  379.  That  the  buildings  on  Levee  street,  third  district, 
known  as  the  third  Municipality  work  house,  be,  and  they  are 
hereby,  appropriated  for  a  temporary  asylum  for  the  indigent 
insane  ;  and  it  shall  be  the  duty  of  the  recorders  of  the  various 
districts  of  the  city  to  commit  such  persons  to  said  asylum  until 
provision  can  be  made  for  their  admission  into  the  State  asylum 
at  Jackson. 

Officers.  No.  380.     There  shall  be  appointed  by  the  mayor  one  super- 

intendent, at  a  salary  of  sixty  dollars  per  month ;  one  male 
assistant  at  a  salary  of  forty-five  dollars  per  month ;  and  two 
female  assistants,  at  salaries  of  fifteen  dollats  per  month,  each  j 
all  of  whom  shall  board  in  the  institution  and  be  in  attendance 
day  and  night. 

Duty  of  superin-      No.  381.     It  shall  be  the  duty  of  the  superintendent  to  attend 

tendent.  ^^  ^j^^  proper  carc  and  security  of  the  persons  therein  confined, 

and  under  the  direction  of  the  police  committees  of  the  council, 
to  purchase  the  necessary  provisions,  clothing,  etc.,  for  the  inmates 


INSANE  PERSONS — ASYLUM  FOR,  ETC.  135 

and  make  monthly  returns  to  the  council^  and  keep  the  necessary 
books  to  show  the  transactions  of  the  institution. 

No.  382.     All  ordinances  or  parts  of  ordinances  contrary  to  Repealing  clause, 
the  same  be,  and  they  are  hereby  repealed. 

City  Ordinance,  No.  1794.    Approved  Oct.  21,  1854. 

No.  383.     That  ordinance  No.  1794,  relative  to  the   removal  Location. 
of  the  indigent   insane  asylum  from  its  present  location  to  the 
late  third  Municipality  work  house,  be  so  amended  as  to  designate 
the  property  belonging  to   the  city,  and  situated  in  the  square 
bounded  by  Groodchildren,  Clouet,  Louisa  and  Morales  street. 

City  Ordinance,  No.  1817. 

No.  384.  The  superintendent  of  the  temporary  insane  asylum,  charge  for  slaves, 
third  district,  shall  charge  and  collect  of  the  owner  or  owners  of 
every  insane  slave  received  by  him  in  said  asylum  the  sum  of 
fifty  cents  per  day,  in  full  compensation  for  care  and  support  of 
said  slave  during  the  time  he  or  she  remains  in  said  asylum,  the 
money  collected  to  be  deposited  weekly  into  the  city  treasury  for 
the  benefit  of  said  city. 

City  Ordinance,  No.  1908. 

No.  385.  From  amd  after  the  passage  of  this  ordinance  it  charge  for  white 
shall  be  the  duty  of  the  keeper  of  the  insane  asylum  to  charge  p**'^°^^- 
and  collect  one  dollar  per  day  for  the  keeping  of  each  white 
patient,  upon  the  certificate  of  the  mayor  of  the  city  or  either  of 
the  recorders  of  the  several  districts  that  said  patient  or  person 
entering  the  same  are  able  to  pay  said  amount,  said  money  so 
received  to  be  handed  over  to  the  city  treasurer  for  the  benefit  of 
said  institution. 

City  Ordinance,  No.  2323. 

No.  386.     From  and  after  the  adoption  of  this  resolution,  it  Duty  of  city  at- 
shall  be  the  duty  of  the  attorney  of  the  corporation  to  take   the     ^'^^^' 
requisite  legal  steps  for  the  admission  of  indigent  insane  persons 
into  the  State  asylum  at  Jackson,  whenever  the  mayor  of  the 
city  shall  furnish  the  attorney  with  the  names  of  such  persons  as 
he  may  deem  fit  subjects  for  removal  thither. 

City  Ordinance,  No.  342. 

No.  387.     It  shall  be  the  duty  of  the  physician  of  the  police  Duty  of  city  pby- 
jail  to  visit  the  insane  confined  therein  at  least  once   a  day,  and 
when  any  of  their  number  shall  have  sufficiently  recovered,   that 
he  be  authorized  to  issue  an  order  for  the  discharge  of  such 
person. 

City  Ordin»ace,  No.  1368.  ' 


136  INSANE  PERSONS — ASYLUM  FOR,  ETC. 

Notice  to  sheriff.  No.  388.  That  tliG  keeper  of  the  insane  asylum  be  required 
to  notify  the  sheriff  of  the  parish  of  Orleans  of  the  number  of 
persons  confined  in  said  institution  which  are  to  be  transferred  to 
the  insane  asylum  at  Jackson^  La.,  whenever  they  have  remained 
over  the  time  prescribed  by  law,  and  so  directed  by  the  city 
physician. 

City  Ordinance,  No.  3224. 

ACTS  OF  THE  LEGISLATURE. 

Lunatics, how  ad-  Sec.  9.'  That  whenever  it  shall  be  made  known  to  the  judge  of  the 
Snm.**^  ^^^^^  district,  by  the  petition  and  oath  of  any  individual,  that  any  lunatic  or 
insane  person  within  his  district  ought  to  be  sent  to  or  confined  in  the 
Duty  of  the  dis-  insane  asylum  of  this  State,  it  shall  be  the  duty  of  the  said  district  judge 
tnctju  ges.  ^^  issue  a  warrant  to  bring  before  him,  in  chambers,  said  lunatic  or  insane 

person,  and  after  proper  inquiry  into  all  the  facts  and  circumstances  of 
the  case,  if  in  his  opinion  he  ought  to  be  sent  to  or  confined  in  said  insane 
Duty  of  the         asylum,  he  shall  make  out  his  warrant  to  the  sheriff  of  the  parish,  com- 
shenffs.  manding  him  to  convey  the  lunatic  or  insane  person  to  the  insane  asylum 

Compensation  to  for  which  duty  the  sheriff  shall  have  the  right  to  demand  the  same  fees 
^  ®"  "'  as  are  now  allowed  by  law  for  the  conveyance  of  convicts  to  the  peniten- 

tiary of  the  State,  which  shall  be  paid  out  of  the  parish  treasury,  upon 
the  order  of  the  district  judge,  and  likewise  all  other  expenses  previously 
incurred  in  bringing  said  insane  person  before  the  distirct  judge. 
Powers  of  the         Sec.  10.     That  the   board   of  administrators  shall   have  authority  to 
lunatics^  irf  ^  cer^-  receive  insane  persons,  not  sent  to  the  asylum  by  a  district  judge,  on  such 
tain  cases.  terms  and  conditions  as   they  may  deem  fit  to  adopt ;  and  money  so 

received  shall  be  applied  to  the  support  of  the  institution. 
Monthly  a-  Sec.  11.     That  all  persons  received  in  the  asylum  as  insane,  shall  be 

by  the'lunati^R.    charged  at  a  rate  not  less  than  ten  dollars  a  month,  unless  the  police  jury 

Persons  in  indi-  Qf  ^^g  parish  from  whence  the  insane  person  came,  a  municipal  council, 
gent  circum-  ^  i.  ^  r  ■• 

stances  excepted,  if  from  a  city  or  town,  or  clerk  of  the  court,  shall  certify  that  said  person 

is  in  indigent  circumstances. 

Duties  of  clerks?      Sec.  12.     That  whenever  application  is  made  to  the  clerk  for  a  certifi- 

relatfye^^to^The  cate  as  above  stated,  it  shall  be  his   duty  to   examine,  under  oath,  such 

admissioD  of  lu-  witnesses  as  may  be  brought  before  him,  and  to  give  or  refuse  said  cer- 

natics  in  the  asy-  ^  o  7  o 

lum.  tificate,   as   the   case  may  in  justice   require;  and  the  said    clerk   is 

empowered,  whenever  he  shall  deem  the  same  necessary,  to  summon  before 
him,  as  in  ordinary  cases  any  witnesses  necessary,  and  said  certifi- 
cate so  given  shall  entitle  the  person  therein  named  to  admission  into  the 
lunatic  asylum  without  charge. — Acts  of  1855,  p.  454. 

See  act  1855,  page  453. 


INSURANCE— INSURANCE  COMPANIES.  •   137 

INSPECTIONS  AND  INSPECTORS. 

1.— INSPECTION  OF  BEEF  AND  PORK,— See  ^^  Beep 
AND  Pork/^  page  20. 

2.— INSPECTION  OF  FLOUR.— See  ^'Vlovr/'  page  111. 

3.— INSPECTION  OF  TOBACCO — See  ^'Tobacco." 

4.— INSPECTIONS  OF  WEIGHTS  AND  MEASURES.— 
See  ^^  Weights  and  Measures.'^ 

5.— INSPECTIONS  GENERALLY. 

^  ACTS  OF  THE  LEGISLATURE, 

An  Act  relative  to  Inspections  generally. 

Section  1.     Be  it  enacted  by   the  Senate  and  House  of  Representatives 
of  the  State   of  Louisiana   in   General  Assembly  convened^    That  it  shall  inspection  "to  be 
be  lawful  for  any  ownier,  agent,  consignee,  or   receiver  of  produce,    to  ■'^''i"'i'''^'^y- 
sell  or  ship  the  same,    with    or  without  inspection :  provided,  however,  Proviso, 
that  the  said  owner,  agent,  consignee,  or  receiver,  shall  be  bound  to  have 
any  produce  ofiFered  for  sale  inspected,  when  inspection  shall  be   deman- 
ded by  the  purchaser.     Said  inspection,  when   required,  shall  be  made 
by  the  inspector  commissioned  under  the  authority  of  the  State. 

Sec.  2.     That  all  laws  contrary    to  the  provisions  of  this  act,    and  all  Certaia  laws  re- 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil  P^*^^<1- 
Code  and  Code  of  Practice  be  repealed. — Acts  of  1855,  p.  329. 


INSURANCE— INSURANCE  COMPANIES. 

No.  S89.     From  and  after  the  passage  of  this   resolution^  no  city  not  to  in- 
officer  of  this  city  shall  be  authorized  to  effect  an  insurance  upon  ^""* 
the  property  of  the  city. 

City  Ordinance  No.  587. 

For  City  Tax  on  Insurance  Companies,  gee  No.  6i6. 
See  "  Corporation,"  page  78  and  page  79. 
See  Firo  Department  No.  314. 

18 


18S  JURY — JURORS. 

JURY— JURORS. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  relative  to  Juries. 
Section  1.    Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Assembly   convened.     That   the   qualifi- 
Qualifications  of  cation  of  a  juror  to  serve  in  any  of  the  courts  of  this  State  shall  be  the 
^'"'^^-  following  :  First.    To  be  a  duly  qualified  voter  of  the  State  of  Louisiana. 

Sec.  2.     That  the  following  persons  shall  be  exempt  from  serving   as 
jurors : 

First.     The  members  of  the  legislature,  together  with  their  olBcers 
and  clerks,  during  the  time  of  the  sessions. 

Second.     The  Governor,   the  secretary  of  State,  and   all  the  public 
otKcers  commissioned  under  the  authority  of  the  United  States. 
Third,     The  mayors  and  recorders  of  incorporated  cities. 
Fourth.     The  judges,  officers  of  the  several  courts  of  this    State, 
attorneys  and  counsellors  at  law,  notaries,  ministers  of  the  gospel,  and 
treasurers  of  incorporated  institutions.  t 

Fifth.     The  clerks  of  incorporated  banks  and  institutions. 
Sixth.     All  persons  more  than  sixty  years  old,  or  those  tliat  may  be 
intirm  or  valetudinary. 

Seventh.     Physicians  and  apothecaries. 

Eight.  The  inspectors  of  beef  and  pork,  flour,  tobacco,  and  other 
merchandise  in  the  city  of  New  Orleans. 

Ninth.     All  school  teachers  while  acting  in  that  capacity. 
TcTith.     vVll  persons  who  now  or  hereafter  may   be  enrolled  active 
members  in  any  one  or  more  of  the  present  or  future  incorporated  fire 
companies. 

Eleventh.  All  persons  attached  to  the.  police  department  of  New 
Orleans,  as  likewise  the  treasurer  and  comptroller,  and  all  clerks  em- 
ployed in  the  different  offices  of  the  corporation,  and  those  who  are 
ciiarged  with  the  superintendence  of  the  slaves  and  convicts  sentenced 
to  liard  labor,  th#  keeper  of  the  city  prison,  the  workmen  employed  at 
llie  city  works,  and  the  city  commissaries. 

Twelfth.  All  auctioneers  in  and  for  the  parish  and  city  of  New 
Orleans. 

Thirteen.  The  members  of  the  police  jury  of  the  parishes  of  Plaque- 
mines, St.  Bernard,  and  that  portion  of  the  parish  of  Orleans  on  the 
right  bank  of  the  Mississippi  river,  during  the  term  for  which  they 
were  elected. 

Fourteenth.  The  clerks,  workmen,  and  employees  of  the  branch 
mint  of  the  United  States  at  New  Orleans. 

Fifteenth.  In  the  parish  of  Jefferson,  the  voters  residing  in  that  part 
of  the  parish  lying  on  the  sea  shore,  and  known  as  Grand  Isle,  Grand 
Terre,  and  the  Cheniere  Caminada. — Acts  of  1855,  p.  297. 

For  .luries  generally,  see  act  1855,  p.  297,  and  act  1855,  p.  343. 
For  exemption  of  Firemen,  see    Fire  Department,  p.   106.    (Act  185G, 
page    108.) 


KEEPER  OF  COURT  HOUSES.  139 

JUSTICES  OF  THE  PEACE.— For   their   criminal  juris-  ^ 
diction   sec   ^^Recorijers." 


KEEPER  OF  COURT  HOUSES. 

No.  890.     There  shall  be    elected   auimally  by  the  common  Council  to  elect 
council  of  the  city  of  New  Orleans,   on   the  third  Monday    of    *°^ 
May,  a  keeper  [of  the   court  house,  whose   duties  will   bo   as 
follows  : 

No.  391.     (1.)     He  shall,  every  morning,    at   an  early  hour,  His  duties, 
open  all  the  doors   and  windows  of  the  court  house,  cause  to  be 
swept  and  dusted  the  different  courts  and  offices,    place  the  seats 
in  order,  and  during  the  winter,  light  fires,    whenever  they  shall 
be  necessary,  and  supply  the  courts  with  good  water. 

No.  392.     (2.)     He  shall  take  care  that  the  carpets,   tables,  m?  duties, 
seats  and  other   furniture,   as  also  the   ceilings    and  the  window  / 

glasses,  be  constantly  kept  in  the  highest  state  of  cleanliness, 
and  shall  cause  to  be  swept  and  washed  every  day  the  yard  and 
the  lobbies. 

No.  393.  (3.)  Every  day,  as  soon  as  the  courts  sliall  have  His  duties. 
adjourned,  he  shall  cause  to  be  shut  all  doors  and  windows,  and 
put  out  all  fires  and  lights,  and  shall  take  care  that  no  person 
shall  enter  the  courts  after  adjournment,  or  pass  the  night 
therein.  It  is  well  understood  that  the  provisions  of  this  article 
shall  not  apply  to  the  officers  of  the  different  courts. 

No.  394.     (4.)     He  shall  be  responsible  for  all  damage   and  His  lesponsi- 
injury  arising  from  the  carelessness  or  improper  conduct   of  his    '^^' 
servants  or  assistants. 

No.  395.     (5.)     The  said   keeper  shall   reside  in  said  court  shaii  reside  in 
house,  and  shall  sleep  there.     He  shall  not  absent  himself  during  '^^^^^    ""^^* 
the  day  unless   he   leaves   some  person  in  his  place,  for  whose 
acts  and  doings  said  keeper  and  his  sureties  shall  be  responsible ; 
and  bald  keeper  shall  not  absent  himself  therefrom   during   the 
night. 

No.  396.     (6.)     Said  keeper  shall   receive,  inclusive    of  all  nis  cx)mpensa- 
espenses   for  lights,     wood,    pitchers,   tumblers,    etc.,    brooms, 
brushes,  buckets  and  all   other  expenses    for   keeping  the  said 
courts    in  order,    a  compensation  of  two  thousand  dollars  per 
annuni,     ayable  monthly,  on  the  warrant  of  the  comptroller. 


140  LAMPS,  GAS  LIGHTS,  ETC. 

iiistond.  No.  397.     (7.)     He  shall  furnisli  bond   in   the  sum  of  five 

thousand  dollars,  with  good  and  sufficient  security,  to  the  satis- 
faction of  the  common  council,  for  the  faithful  performance  of 
his  duties. 

Additional  seen-  No.  398.  (8.)  The  council  reserves  to  itself  the  right  to 
require  new  or  additional  security  whenever  they  may  deem 
that  given  insufficient. 

Kepeaiing clause.  No.  899.  (9.)  All  ordinances  or  parts  of  ordinances  con- 
trary to  the  foregoing  ordinance,  be  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No.  458.     Approved  Nov.  27, 1852. 

Additional  duties  No.  400.  That  the  duties  imposed  on  the  keeper  of  the 
court  house,  as  set  forth  in  ordinance  No.  458,  approved 
27th  November  1852,  be  so  construed  as  to  apply  to  all  the 
courts  and  court  houses  of  the  city  at  present  existing,  or  that 
may  hereafter  be  established. 

City  Ordinance,  No.  2147.  [Approved  May  5, 1855. 


Cias  Lamps. 


LAMPS,  GAS  LIGHTS,  ETC. 


No.  401.  That  the  mayor  be,  and  he  is  hereby,  authorized  to 
enter  into  contract  with  the  New  Orleans  Gas  company  for  the 
lighting  with  gas  of  all  the  streets,  levees,  public  squares  and 
public  buildings  of  the  city  which  are  now  or  may  be  hereafter 
lighted  with  gas,  for  the  term  of  five  years,  commencing  on  the 
first  day  of  April,  1855,  under  the  following  conditions : 

(1.)  Street  Lamps. — The  street  lamps  to  be  lighted  every  night 
from  one  half  hour  after  sunset  until  one  half  hour  before  sunrise, 
except  when  the  moon  is  fifteen  minutes  or  more  above  the 
horizon,  at  thirty-two  and  a  half  dollars  per  lamp  per  annum, 
including  the  cost  of  gas,  lighting,  extinguishing,  and  cleaning 
the  sanie,  together  with  the  cost  of  the  posts  and  lanterns  and 
their  repairs. 

(2.)  Levee  Lamps. — The  levee  lamps  to  be  lighted  in  the  same 
manner  and  during  the  same  time  as  the  street  lamp,  at  the  rate 
of  forty-eight  dollars  per  lamp  per  annum,  inclusive,  including  (as 
above  stated  for  the  street  lanlps)  the  cost  of  gas,  etc.,  but  the 
mains,  posts,  etc.,  and  their  repairs,  shall  be  at  the  expense  of 
the  city. 


LAMPS,  GAS  LiaHTS,  ETC.  14l 

(3.)  Market  and  Public  Square  Lamps. — These  lamps  to  be 
lighted  from  one  half  hour  after  sunset  until  one  half  hour  after 
sunrise,  at  the  rate  of  seventy-five  dollars  per  lamp  per  annum, 
including  (as  above  stated  for  the  street  lamps)  the  cost  of  gas,' 
etc.,  but  the  city  to  be  chargeable  for  the  first  cost  of  the  fixtures 
and  their  repairs,  the  burners  excepted. 

Amended  so  as  to  read  "before"  sunrise,  by  Ordinance  No.  2137. 

(4.)  Public  Buildings. — All  the  gas  which  shall  be  consumed 
within  the  public  buildings  shall  be  charged  for  by  the  metre 
measurement,  and  together  with  the  fixtures  and  their  repairs, 
at  the  same  rates  which  may  be  charged  to  private  consumers  at 
the  time  being. 

(5.)  Oil  Lamps. — All  lamp  posts  and  lanterns  ^which  the  city 
may  order  the  company  to  place,  shall  be  put  up  for  the  sum  of 
thirty  dollars  each. 

All  lamps  charged  for  by  the  lamp  to  be  fitted  with  steel 
^'  bat's-wing'^  burners,  consuming  not  less  than  four  cubic  feet 
per  hour  each,  and  shall  be  kept  at  all  times  clean  and  in  good 
order  by  said  company. 

A  deduction  of  one  dollar  shall  be  made  for  each  lamp  reported 
as  ^^out'^  or  ''not  burning,'^  within  the  time  as  specified,  by  any 
police  or  other  city  ofiicer,  unavoidable  accidents  only  excepted. 

It  shall  be  further  agreed  that  the  city  council  shall  have  the 
right,  if  they  judge  proper,  at  any  time,  to  require  all  the  street 
and  levee  lamps,  or  any  designated  portion  of  them,  to  be  lighted 
during  the  same  time  as  specified  for  market  and  public  square 
lamps,  by  giving  or  causing  to  be  given  written  notice  at  or 
before  4  o'clock,  P.  M.,  at  the  ofiice  of  said  company,  when 
cloudy  weather  exists  or  may  be  anticipated,  and  the  price  for 
such  extra  lighting  shall  be  charged  for  at  the  rate  of  one  cent 
per  hour  for  each  hour  for  each  lamp  so  lighted,  over  an(^bove 
the  times  above  specified.  Payments  in  cash  to  be  made  monthly 
on  the  certificate  of  the  street  commissioner,  or  such  other  officer 
of  the  city  as  the  council  may  designate  to  superintend  said 
lighting. 

City  Ordinance,  No.  2083.    Approved  Marth  30,  1855. 

No.  402.     That  the   comptroller  adjudicate  after   five    days  Oii  lamps, 
advertisement,  the  contract  for  lighting  the  oil  lamps  of  the  city, 
according  to  the  specifications  on  file,  subject  to  the  approval  of 
the  committees  on  finance  and  streets  and  landings  of  the  com- 
mon council. 

Citj  Ordinance,  No.  2924. 


142  LEWD   WOMEN. 

LEWD  WOMEN. 

cSurbanc^etS  ^^'  ^^^'  ^^^  woman  or  girl  notoriously  abandoned  to  lewd- 
ness, who  shall  occasion  scandal  or  disturb  the  tranquility  of  the 
neighborhood,  shall  be  condemned  by  the  mayor,  or  any  other 
justice  of  the  peace,  to  a  fine  of  twenty-five  dollars  for  every 
such  oiFense,  and  in  case  of  her  not  being  able  to  pay  the  said 
fine,  she  shall  suffer  imprisonment  for  one  month,  according  to 
law.  And  each  and  every  person  who  shall  have  rented  or  have 
^  lodged  or  harbored,  either  within  the  city,  or  suburbs,  any  woman 

or  girl. notoriously  abandoned  to  lewdness,  and  who  shall  occasion 
scandal  or  disturb  the  peace  or  tranquility  of  the  neighborhood, 
shall  pay  the  sum  of  fifteen  dollars  for  each  twenty-four  hours, 
he  or  she  shall  continue  to  furnish  lodgings  to  any  woman  or  girl 
of  that  description,  after  due  notice  is  given  of  the  same,  by  the 
mayor,  that  he  or  she  shall  cease  to  rent,  to,  or  lodge  any  of  the 
above  described  persons. 

City  Ordinance  of  May  20,  1817.    (Art.  3.) 

Women  fre-  No.  404.     (1.)  Froui  and  after  the  promuleration  of  this  ordi- 

quenting  coffee  .  j.  o 

houses,  etc.  nance,   it   shall    not   be    lawful    for   any   lewd   woman    in    this 

Municipality  to  frequent  cabarets  or  cofi*ee  houses,  nor  to  drink 
therein,  under  the  penalty  of  a  fine,  which  shall  not  be  less  than 
five  nor  more  than  twenty-five  dollars,  recoverable  before  the 
recorder  of  this  Municipality,  or  any  other  competent  tribunal, 
provided  that  any  such  woman  who  would  be  unable  to  pay  the 
said  fine,  shall  in  lieu  thereof  suff'er  an  imprisonment,  the  term 
of  which  shall  not  exceed  one  month  in  the  workhouse  of  this 
3Iunicipality. 

Duty  of  poHce.  No.  405.  (2.)  It  shall  be  the  duty  of  the  commissaries  of 
police,  as  also  of  the  officers  and  members  of  the  day  and  night 
police,  to  apprehend  all  or  any  lewd  woman  acting  in  contravention 
of  the  foregoing  resolution,  and  to  bring  her  before  the  recorder 
of  this  jMunicipality. 

Ordinacce,  Feb.  17, 1845,  of  first  Municipality. 


LICENSES.— See  "  Revenue  "  No.  645,  et  seq 


MCDONOUGH  ESTATE.  143 

McDONOUaH  ESTATE. 

An  Ordinance  defining  the  powers  and  rights  of  the  commissioners 
appointed  by  the  city  of  New  Orleans,  acting  in  conjunction  with  the 
agents  appointed  by  the  city  of  Baltimore,  to  administer  the  property 
composing  the  succession  of  the  late  John  McDonough,  and  fixing  the 
compensation  to  be  allowed  to  them  for  their  services. 

No.  406.  (1.)  That  the  commissioners  appointed  by  the  powers  of  com- 
city  of  New  (3rleans  to  take  possession  of,  and  administer,  the 
property  composing  the  succession  of  the  late  John  McDonough, 
in  conjunction  with  the  agents  of  the  city  of  Baltimore,  be,  and 
they  are  hereby,  invested  with  all  such  powers  as  are  necessary 
to  the  due  and  proper  management  and  administration  of  the 
said  property,  as  the  same  are  more  particularly  detailed  and 
set  forth  in  that  clause  of  the  last  will  and  testament  of  the  said 
John  McDonough,  in  which  he  provides  for  the  mode  of  appoint- 
ment and  administration  of  the  said  commissioners. 

No.  407.  (2.)  That  all  suits,  actions,  or  other  proceedings  suits,  how  con- 
which  shall  or  may  be  instituted  by  or  against  the  city  of  New  ""  ^  '  *  *^' 
Orleans,  touching  or  growing  out  of  the  title  and  interest  of 
the  said  city  of  New  Orleans  in  the  property,  or  of  any  part  or 
portion  thereof,  bequeathed  to  the  said  city  by  the  said  John 
McDonough,  shall  be  conducted  and  prosecuted  by  the  said  . 
commissioners  in  the  name  and  in  the  behalf  of  the  said  city 
of  New  Orleans,  and  to  that  end  the  said  commissioners  shall 
have  the  right  to  sue  for  and  demand  from  the  proper  tribunals, 
both  of  original  and  appellate  jurisdiction,  in  the  name  of  the 
said  city  of  New  Orleans,  and  such  suits,  orders,  or  other 
process,  as  they  may  deem  necessary  to  the  due  protection  of 
the  said  city  in  the  said  property,  and  for  that  purpose  to 
employ  an  attorney  or  attorneys  at  law  to  appear  in  the  prosecu- 
tion and  in  the  defence  of  said  suits,  and  from  all  judgments 
and  degrees  rendered  in  the  premises,  whether  interlocutory  or 
final,  and  take  all  such  writs  of  error  or  appeals,  suspensive  or 
devolutive,  as  may  be  allowed  by  law,  and  in  the  name  and  in 
the  behalf  of  the  said  city  of  New  Orleans,  to  execute  and 
deliver  all  such  judical  bonds  and  obligations  as  may  be  required 
by  the  property  prosecution  or  defence  of  said  actions. 

No.  408.     (3.)     A   salary    at   the   rate   of  fifteen    hundred  compensation  of 
dollars  per  annum  shall  be  paid  to   each   of  the   said    commis-  ^°™™'"^ " 
sioners,    dating  from  the  time  of  his  appointment,    and  the  same 
to  be  paid  out  of  the  proceeds  of  said  estate. 

City  Ordinance,  No.  2134.    Approyed  May  4,  18&5. 


144  MCDONOUGH  ESTATE. 

Whereas  the  city  of  New  Orleans  has,  by  the  charitable 
bequest  of  the  late  John  McDonough,  and  the  decisions  of  the 
highest  judicial  tribunals,  and  a  recent  act  of  the  State  Legis- 
lature, become  a  co  -  proprietor  of  the  large  estates  of  said 
McDonough ;  and  whereas,  the  city  of  New  Orleans  has  a  full 
and  complete  ownership  of  her  undivided  share  of  said  property, 
subject  to  certain  legacies  and  bequests ;  therefore. 

Be  it  resolved  by  the  common    council  of  the   city   of  New 
Orleans  : 
Estate,  how  to  1)6      No.  409.     (1.)     That  the  said   estate   should   be  inviolably 

dcTOted.  ^ 

devoted  to  the  charities  designated  by  the  testator,  so  far  as  is 
conducive  to  the  public  weal,  and  in  accordance  with  existing  laws. 

Disposition  of  No.  410.     (2.)     That  it  is  not  for  the  public  weal,  or  for  the 

good  of  the  estate,  or  the  purposes  to  which  it  is  devoted,  to 
hold  it  in  perpetual  ownership,  creating  a  vast  system  of  sub- 
leasing of  so  much  as  is  desirable,  and  holding  in  wasteful 
neglect  so  much  as  is  not  of  ready  sale ;  but  that  it  is  for  the 
interest  of  the  city  of  New  Orleans  to  encourage  sales  to  actual 
settlers  and  fee  simple  owners,  who  as  such,  will  enhance  the 
value  of  the  property,  and  yield  the  city  a  far  greater  source 
of  wealth  from  the  estate,  than  as  lessors  or  tenants. 

No.  411.  (3.)  That  all  experience  shows  that  corporate 
•  bodies  are  wasteful  and  inefficient  landlords  and  lessors  of  pro- 
perty, and  that  the  estate  of  said  John  McDonough  must 
inevitably  be  greatly  consumed  by  the  expenses  of  its 
management  so  long  as  it  is  out  of  the  control  of  individual 
proprietors  directly  interested  in  the  profits  and  revenues  it 
may  yield. 

Partition  of  the  No.  412.  (4.)  That  in  order  to  obviate  all  abuses  and 
waste,  and  more  immediately  to  enter  upon  the  sacred  purposes 
of  the  bequest,  the  said  estate,  real  and  personal,  should  at  the 
earliest  moment,  and  as  fast  as  practicable,  be  fairly  divided 
between  the  city  of  Baltimore  and  the  city  of  New  Orleans. 

Sale  of  property.  No.  413.  (5.)  That  after  discharging  all  claims  for  legacies 
and  effecting  a  partition  of  the  whole  or  part  of  said  estate,  the 
share  falling  to  the  city  of  New  Orleans  should  be  at  once 
put  in  process  of  sale  at  public  auction,  and  to  the  highest 
bidder. 

Proceeds.  No.  414.     (6.)     That  the  proceeds  of  such  property,  as   fast 

aa  it  matured,  should  be  invested  in  the  bonds  of  the  city  of 
New  Orleans,  and  the  interest  devoted  sacredly  to  the  charitable 
uses  before  mentioned. 


Mcdonough  estate.  145 

Xo.  415.     (7.)     That   all    the   slaves   belonging  to  the  sue-  si«t««. 
cession    should    be    placed    in    the    hands    of    the    American 
(Colonization   Society,  to  be  by  them  carried  to  the  colony   of 
Liberia. 

No.  416.  (8.)  That  a  copy  of  these  resolutions  (which  arc  ^-'opieg,  etc. 
declaratory  of  the  views  of  the  common  council  as  to  the  best 
disposition  of  this  estate)  be  transmitted  by  the  mayor  to  the 
honorable  mayor  and  council  of  the  city  of  Baltimore,  requesting 
their  assent  to  the  partition  of  this  now  unprofitable  and 
unwieldy  estate. 

No.  417.     (9. )     That  the    a^'ents    and   commissioners  of  the  Commissioners 

^      ^  ^     ,  to  report  etc. 

McDonough  estate  be  also  served  with  a  copy  of  these  resolutions, 
and  respectfully  requested  to  report  in  full  to  this  body  the 
practicability  of  the  partition  aforesaid,  and  also  to  make  such 
other  suggestions  as  they  may  see  fit.  They  are  also  requested 
to  make  such  leases  only  as  may  not  seriously  incommode  the 
proposed  partition. 

City  Ordinance,  No.  2-307.    Approved  July  '2,1,  1855. 

For  Taxes  on  this  estate,  see  No.  747. 

Vor  the  Decision  of  the  Supreme  Court,  see  8  Ann.  p.  171. 


ACTS  OF  THE  LEOLSLATURE. 

An  Act  to  authorize  the  Commissioners  on  the  part  ot'  the  city  of  New 
Orleans,  and  the  Agents  of  the  city  of  Baltimore,  Managers  of  the 
general  estate  of  the  late  John  McDonough,  deceased,  to  divide  said 
estate  by  partition  and  to  make  final  settlement  with  the  Legatees. 

Section  1 .     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the    State     of   Louisiana    in     General    Assembly    convened,       That    the  McDonongh  rom- 
commissioners  on  the  pjirt  of  the  city   of  New  Orleans,  and  the  agents  of  ™ o^r/2°(|^to  make 
the  city  of  Baltimore,    managers   of  the  general  estate   of  the  late  John  settlement  with 
McDonough,  deceased,  be  and  they  are  hereby  authorized  to    divide  said  to  make  partition 
estate  by  partition,  between   the    cities   of  NeAV  Orleans  and   Baltimore, 
and  to  make  final  settlement  with  the  legatees  mentioned   in  the   will, 
and  to  do  and  perform  all   other  lawful   acts  which  may  be  necessary  to 
make  a  division  of  the  property  between  the  said  cities   of  New  Orleans 
and  Baltimore  :  provided  the  cities  of  New  Orleans  and  Baltimore  concur 
in  said  acts. 

Sec.  "1 .    That  this  act  shall  go  into  effect  after  its  passage. — Acts  of  when  this  act 
1855,  p.  230.  ^^^^^  ^^^''^' 

J9 


m 


MARKETS. 

MARKETS. 


Adjudioation. 


Lesseee  to  pay, 
etc. 


Whnt  dues  col- 
lected. 


What 
sold. 


may  be 


Vendors  to  have 
sign,  etc. 


The  common  council,  of  tlie  city  of  New  Orleans,  ordain  as 
follows : 

No.  418.  (1.)  On  the  first  Monday  of  December,  in  each 
year,  the  comptroller  shall  adjudicate,  or  cause  to  be  adjudicated, 
at  his  office,  the  collection  of  the  revenue  of  the  markets  for  one 
year.  He  shall  give  ten  days'  notice,  in  the  official  gazette  of 
the  city,  of  the  day  and  hour  at  which  said  adjudications  shall 
take  place. 

City  Ordinance,  No.  418,  sec.  1. 

That  ordinance  No.  418,  sec.  2,  concerning  the  markets,  be 
amended  so  as  to  read  as   follows  : 

No.  419.  (2.)  The  farmers  or  lessees  shall  immediately 
after  said  adjudications  furnish  one  twelfth  in  cash,  and  their 
promissary  notes  for  the  balance,  endorsed  to  the  satisfaction  of 
the  finance  committee,  payable  from  the  1st  of  January  at  one, 
two,  three,  four,  five,  six,  seven,  eight,  nine,  ten  and  eleven 
months.  Should  any  farmer  or  lessee  refuse  or  neglect  to 
furnish  the  one  twelfth  in  cash,  and  his  notes  as  aforesaid,  the 
comptroller  is  authorized  to  cause  a  new  adjudication  to  be 
made  forthwith  for  the  account  and  risk  of  said  farmer  or  lessee. 

No.  420.  (3.)  The  farmer  or  lessee  of  said  revenue  shall 
not  be  entitled  to  collect  other  dues  than  those  hereinafter 
mentioned,  to  wit : 

City  Ordioance,  No.   1860. 

For  every  head  of  large  horned  cattle,  ninety  cents. 

For  every  head  of  veal,  mutton,  pork  or  venison,  twenty-five 
cents.  (It  being  well  understood  that  when  the  fore  quarter  of 
a  veal  shall  weigh  more  than  forty  pounds,  the  farmer  or  lessee 
of  the  revenue  may  levy,  for  the  sale  of  said  veal,  ninety  cents.) 

For  each  stall  and  half  table,  including  the  frames  with  hooks 
on  which  to  hang  the  meat,  twenty-five  cents  per  day. 

For  every  bench  for  the  sale  of  fish,  twenty-five  cents  per  day. 

All  butchers,  and  retailers  of  fish,  shall  be  answerable  for  the 
frames  with  hooks,  so  rented  to  them  by  said  farmer. 

No.  421.  (4.)  All  kinds  of  meat,  fowl,  game,  fish,  vege- 
tables, and  all  other  articles  destined  for  the  daily  supply  of  the 
city,  may  be  bought  and  sold  at  the  markets,  excepting  the 
beef  market  of  the  second  district,  at  which  no  fish,  or  vege- 
table, shall  be  sold. 

No.  422.  (».)  Every  vendor  of  meat,  vegetables,  or  other 
articles  permitted   to  be   sold  in   the  markets   of  this  city,  is 


MARKETS.  147 

Hereby  required  to  have  his  or  her  name  painted  on  a  tin  sign, 
in  a  plain  and  legible  manner,  with  a  number  on  the  same,  and 
to  be  affixed  in  a  conspicuous  place  over  the  stall  or  place 
occupied  ;  and,  in  case  any  vendor,  as  aforesaid,  shall  not  comply 
with  this  resolution  within  thirty  days  from  its  passage,  or  shall 
thereafter,  at  any  time,  for  more  than  three  days  consecutively, 
not  have  such  sign  so  exposed,  said  vendor  shall  be  liable  to  a 
fine  of  ten  dollars,  recoverable  before  any  court  of  competent 
jurisdiction,  for  the  benefit  of  the  city. 

No.  423.     (6.)  Said  markets  shall   open  at  the  dawn  of  day.  Market  hours, 
and  shall  close  at  twelve   o'clock   M.  precisely;  and   the  closing 
of  the  markets  shall  be  announced  by  the   market  bell,  which  it 
shall  be  the  duty  of  the  commissary  to  ring,  o  r  cause  to  be  rung. 

No.  424.  (7.)  During  the  half  hour  immediately  following  cleaning  stalls, 
the  closing  of  said  markets,  the  butchers  and  other  persons  hiring 
or  occupying  stalls,  shall  be  bound  to  scrape,  wash,  and  cleanse 
their  respective  stalls  and  tables,  so  as  to  keep  the  same  in  the 
highest  state  of  cleanliness,  and  every  person  neglecting  to 
comply  punctually  with  the  disposition  of  the  present  article, 
or  who  shall  not  quit  the  said  market  at  the  hours  specified  in 
article  six  of  the  present  ordinance,  shall  pay  a  fine  of  five 
dollars  for  each  offence.  And  no  person  shall  be  permitted  to 
sub -lease  any  stall  or  table,  under  a  penalty  of  fifty  dollars. 
Any  butcher,  or  other  person,  vending  in  said  market,  if  absent 
therefrom  three  days,  leaving  his  stall  or  table  unoccupied,  shall 
be  deemed  to  have  abandoned  the  same,  and  the  farmer  may 
hire  it  to  another. 

No.  425.  (8.)  It  shall  be  the  duty  of  the  farmer,  or  other  LeP?ee  tokeep 
person  authorized  by  the  city  to  collect  the  above  established  °  ' 
duties,  to  keep  an  exact  register  of  the  persons  to  whom  he  lets 
the  stalls,  stands,  tables,  and  frames  with  hooks,  at  market  hours, 
and  deliver  certificates  thereof  to  persons  occupying  the  same. 
Any  persons  occupying  any  table,  stand,  or  stall,  without  the 
consent  of  the  said  farmer  or  collector,  and  who  shall  refuse  to 
deliver  up  the  same,  on  the  first  request  which  shall  be  made 
to  them  by  the  commissary  of  the  market,  shall  pay  a  fine  of 
ten  dollars  for  each  offense,  and  shall  be  compelled  to  conform 
to  the  provisions  of  the  present  enactment. 

No.  426.     (9)    It  shall  not  be  lawful  for  any  person    to  erect  stands  on  ban- 

^  *'    ^  ,  quettes. 

or  keep  any  stand,  or  other  incumbrance,  on  any  ot  the 
banquettes  of  the  markets  of  the  city,  without  permission  of  the 
common  council^  under  a  fine  of  less  than  five  dollars  a  day  for 


148  MARKETS. 

each  stand,  and  if  said  stand  be  not  removed  after  six  days' 
notice,  it  sliall  be  the  duty  of  the  surveyor  to  cause  the  same  to 
be  removed,  as  an  incumbrance,  at  the  expense  of  the  owner  or 
occupant:  provided,  no  stand  now  erected  shall  be  removed, 
except  on  the  written  request  of  three  or  more  residents  of  the 
vicinity.  It  is  hereby  made  the  duty  of  the  commissaries  of 
the  markets  to  have  this  ordinance  executed. 

cUs^ '^^^  *"''^  ^^^^'  ^^-'  '^-^'  ^^^•)  If  any  person  shall  sell,  or  expose  for  sale, 
within  the  market  aforesaid,  any  blown,  stale,  imperfect,  or 
unwholesome  provisions,  or  meat  of  any  animal  that  died  of 
disease,  such  provision  or  meat  shall  be  seized  by  the  commissary 
and  shall  be  thrown  into  the  nuisance  boat,  and  the  offender  shall 
l)e  fined  from  ten  to  fifty  dollars  for  the  first  offense,  and  for  the 
second,  he  shall  be  deprived  of  vending  in  said  markets,  or  of 
hiring  any  stall.  It  shall  be  the  duty  of  the  commissaries  of  the 
markets,  alone,  or  with  two  assistants,  appointed  by  the  recorders, 
and  sworn  before  them,  daily  to  make  a  strict  inspection  of  the 
butchers'  meat,  and  of  other  provisions  exposed  for  sale  at  the 
said  markets,  and  to  ejiforce  the  strict  observance  of  this 
regulation. 

See  No.  536. 

Meats  to  be  sold       Xq.  428,     (11.)    Butchcrs,   or  other   retailers   of   butchers' 

in  markets  o.nly,  ^ 

etc.  meats,  shall  not  expose  them  for  sale  elsewhere  than  at  the  market 

established  by  law,  under  a  penalty  of  twenty-five  dollars  for  each 
offense.  They  shall  be  compelled  to  saw  the  bones  of  the  meat ; 
and  they  shall  not,  under  any  pretext,  break  them  down  with  a 
hatchet,  or  cleaver,  under  a  penalty  of  five  dollars  for  each 
offense. 

Scales  and  No.  429.     (12. )  It  shall  be  obligatory  on  the  commissaries  of 

•weights.  ^  f~'  ^' 

the  markets,  always  to  have  in  the  said  markets  scales  and  weights 
to  be  used  at  the  request  of  any  person,  who,  at  the  time  of 
purchase,  may  desire  to  prove  the  weight  of  any  meat  or  other 
provision,  and  no  scales  and  weights  sliall  be  used  in  said  markets, 
unless  they  are  proved  and  stamped  according  to  law.  Any  vio- 
lation of  the  provisions"  of  this  section,  or  selling  by  false  weights, 
shall  subject  the  offender  to  a  fine  often  dollars  for  each  and 
every  offense. 
Sale  of  lujuors         >Jo.  430.     (13.)  It  is  expresslv  forbiddcD,  uudcr  a  penalty  of 

forbiclen.  ^  r  ..  i  r  ./ 


fifty  dollars  for  each  offense,  to  sell,  or  cause  to  be  sold,  within 
said  markets,  or  on  the  footways  which  surround  it,  any  spirituous 
or  ardent  liquoi*s. 


MARKETS.  149 

No.  431.     (14.)  It  is  forbidden  to  all  hawkers   and  peddlers  Hawkers  and 
to  sell  any  sort  of  goods  or  mercliandise  in   the  said  markets,  or 
on  the  footways  surrounding  the   same,  under  a   penalty   of  ten 
dollars  for  each  offense. 

No.  482.  (15.)  All  vegetables,  melons,  potatoes,  onions,  fish, 'Articles  sold  \u 
shrimp,  crabs,  crawfish,  turtle,  and  game,  destined  for  the  daily  siveiy. 
supply  of  the  city,  shall  be  brought  to  the  markets  established 
by  law  for  the  sale  thereof,  and  all  persons  exposing  for  sale  any 
of  said  article's  in  the  streets  or  in  any  other  part,  than  at  said 
markets,  during  the  hours  prescribed  by  this  ordinance,  shall 
incur  a  fine  of  from  five  to  fifteen  dollars  for  every  offense.  And 
the  commissaries,  and  the  police  of  the  city,  are  hereby  ordered 
to  seize  and  detain  all  such  articles  exposed  for  sale  in  contraven- 
tion thereof,  until  the  fine  and  expenses  thereon  are  paid. 

See  Nos.  515  and  61 G. 

No.  488.      (lO.J  Carts  or  wagons,  for   the   conveyance   of  all  Market  carts.etc. 
supplies   whatever  to  said  markets,  shall  be  placed   under  the 
inspection  of  the  commissaries  of  the  markets. 

No.  484.     (17.)  All  persons  are  forbidden  to  stand,  sit  or  lie,  standing, etc ,  on 
on  the  stalls  or   tables  of  the  markets  under  a   penalty  of  two 
dollars. 

No.  48').  (18.)  It  shall  be  the  duty  of  the  commissaries  of  Duty  of  commis- 
the  markets,  to  see  that  the  ordinances  relating  thereto  are  fully 
enforced,  and  that  no  offense  is  perpetrated  against  the  farmer 
of  the  dues  of  the  markets ;  to  keep  order  in  the  markets ;  to 
have  arrested  all  persons  who  disturb  the  public  peace,  and  to 
conduct  them  before  the  mayor,  recorder,  or  any  other  magistrate, 
to  be  punished  according  to  law.  The  said  commissaries  shall 
always  be  present  in  said  markets,  during  market  hours,  except 
in  case  of  sickness  ;  and  in  such  case  he  or  they  shall  give  notice 
to  the  mayor,  who  shall  place  another  to  do  his  duty  until  the 
council  shall  act  thereon.  In  case  of  neglect  of  his  duties,  the 
commissary  shall  pay  a  fine  of  twenty  dollars  for  each  offense, 
and  further,  he  shall  be  liable  to  be  removed  by  the  council. 

No.  486.  (19.)  The  farmers  shall  be  bound  to  comply  with  lessees' obiiga- 
all  the  regulations  contained  in  this  ordinance,  in  all  that  relates  ^^^^^' 
,  to  them.  They  shall  not  be  entitled  to  any  indemnification  from 
the  council,  under  the  pretext  that  the  ordinances  by  virtue  of 
which  they  formed  their  contracts,  are  not  sufficiently  clear,  or 
are  not  enforced,  either  by  the  negligence  of  the  officers  or  the 
police  nominated  to  protect  them,  or  by   violence   committed   by 


150  MARKETS. 

individuals;  the  farmers  have  the  right  to  prosecute  the  said 
officers  or  individuals,  as  the  case  may  be,  and  have  them 
punished  with  the  fine  or  other  penalties  fixed  for  these  offenses. 

Lessee  fees.  ^0.  437.     (20.)  The   farmers  shall  not,  under  any    pretext 

whatever,  exact  or  receive  fees  of  any  person  selling  in  any  other 
places  than  those  designated  by  the  present  ordinance,  under  a 
penalty  of  twenty-five  dollars  for  each  offense. 

Fines.  No.  438.     (21.)  All  fines  fixed  by  this   ordinance  shall  be 

recoverable  before  any  court  of  competent  jurisdiction,  for  the 
benefit  of  the  city. 

Posting  orcii-  No.  439.     (22.)  It  shall  be  the  duty  of  the  commissaries  of 

nances.  ,  .  ,  ,,..,. 

the  markets  to  cause  to  be  posted  up,  at  all  times,  in  at  least  six 
places  in  each  market,  this  ordinance,  in  the  French  and  English 
languages. 

Fait  meats,  how  No.  440.  (23.)  Butchers  or  other  persons  having  salt  or 
corned  beef,  or  pork,  for  sale,  shall  not  exhibit  the  same  on  the 
stalls,  unless  in  a  clean  white  tray,  not  painted,  twenty-six  inches 
long,  sixteen  inches  wide,  and  six  inches  deep ;  they  may  also 
keep  a  harness  cask,  or  tight  box,  of  the  same  dimensions  as  the 
butchers'  block. 

Vegetables.  No.  441.     (24.)  No  Vegetables  shall  be  washed  within  said 

markets. 

Dues  payable  No.  442.     (25)  That  the   dues    which  the    farmers  of   the 

daily.  ^  .    -^ 

markets  are  entitled  to  collect  for  tables,  stands,  and  stalls,  shall 
be  payable  to  them  daily;  and  they  are  hereby  empowered  to 
take  possession  of  any  table,  stand,  or  stall,  the  lessees  of  which 
shall  have  allowed  one  day  to  pass  without  paying  the  dues  for 
the  same,  after  a  demand  made  for  the  said  dues ;  and  no  person 
dispossessed  of  a  table,  stand  or  stall,  for  non-payment  of  the 
dues,  shall  be  permitted  to  occupy  any  place  in  the  markets,  until 
he  pay  all  arrears  to  the  farmer. 

Grocery  stands  No.  443.  (26.)  That  after  the  first  day  of  January  next,  no 
grocery  stands  shall  be  allowed  in  any  of  the  markets  of  the 
city. 

Groceries  not  to      No.  444.     (27.)  It  shall  uot  be  lawful  for  any  person  to  sell, 

in  s  ree  s.  ^^  ^^.^^  ^^^  ^^^^  ^^^  article  of  groccrics  by  retail,  in  the  streets 

of  the  city,   either  in   carts   or  otherwise,   under  a  penalty  of 

twenty-five  dollars  for  each  offense,  recoverable  before  any  court 

of  competent  jurisdiction,  for  the  benefit  of  the  city. 

Lessee's  dues.  No.  445.     (28.)  That  it  shall  not  be  lawful  for  any  lessee  of 

a  market  to  demand  or  receive  from  any  person,  desiring  to  rent^ 
or  renting  any  stall  or  stand  in  a  market,  any  greater  sum   than 


MARKETS.  161 

that  fixed  by  the  ordinances,  or  for  back  rent  which  may  be  due 
to  such  lessee  for  such  stall  or  stand  from  any  person  other  than 
the  person  who  may  desire  to  rent,  or  who  may  have  rented  the 
same,  under  a  penalty  of  fifty  dollars  for  each  oifense,  recoverable 
before  any  court  of  competent  jurisdiction,  for  the  benefit  of  the. 
city. 

No.  446-     (29.)  That  from  and  after  the  31st  December  next,  oyBters. 
it  shall  not  be  lawful  to  sell  oysters  in  any  of  the  markets  of  this 
city. 

No.  447.  (30.)  That  all  venders  of  vegetables,  fruit  or  other  obstructions,  etc. 
articles  authorized  to  be  sold  in  the  markets,  who  shall  obstruct 
or  cause  to  be  obstructed  the  thoroughfares  thereof  on  the  side- 
walks, with  boxes,  barrels,  or  other  articles  whatever,  or  who 
shall  not  remove  such  obstruction  from  said  markets  or  sidewalks 
thereof  within  half  an  hour  after  market  hours,  shall  be  liable  to 
a  fine  of  five  dollars  for  each  offense,  recoverable  before  any 
court  of  competent  jurisdiction,  for  the  benefit  of  the  city ; 
and  the  commissaries  of  the  market  are  hereby  authorized  to 
cause  such  obstructions  to  be  removed  at  any  time,  at  the  expense 
and  risk  of  the  owner.^ 

See  No.  453. 

No.  448.  (31.)  That  it  shall  not  be  lawful  to  light  or  keep  pire  not  allowed 
any  fire  in  the  markets,  except  oil,  spirit  gas  or  charcoal,  and  *°  ™"^*'^- 
these  only  for  the  purpose  of  heating  chocolate,  tea,  milk  and 
cofi'ee ;  and  any  person  who  shall  violate  this  article  shall  pay  a 
fine  of  not  less  than  five  dollars  for  the  first  off'ense,  nor  less  than 
ten  dollars  for  each  subsequent  off'ense,  provided  no  fine  shall  be 
more  than  twenty-five  dollars  for  each  off'ense. 

No.  449.     (32.)  That  any  person  who  shall  disobey  any  order  violation  of  or- 
of  the  commissaries  authorized  by  this   ordinance,  or  by  other 
ordinances  regulating  said  markets,  shall  be  liable  to  a  fine  of  ten 
dollars,  recoverable  before  any  court  of  competent  jurisdiction, 
for  the  benefit  of  the  city. 

No.  450.     (33.)  That  the  farmers  or  lessees  of  the  vegetable  vegetable  mar- 

„     ,  IT.  in  T  •  1     -I  ,,  ket,  second  dis- 

markets  ot  the  second  district,  shall  not   be  entitled  to  collect  trict. 
other  dues  than  those  hereinafter  mentioned,  to- wit : 

No.  450.  For  each  vegetable  table  of  four  feet,  and  each 
stand  for  the  sale  of  poultry,  game,  bread  and  fruit,  fifteen  cents ; 
it  being  understood  that  for  every  table  or  stand  situated  at  the 
end  of  any  of  the  rows  of  the  tables  in  the  market,  the  farmer 
shall  be  entitled  to  charge  twenty  cents,  and  it  shall  be  the  duty 


152  MARKETS. 

of  the  surveyor  to  designate  which  are   corner  tables ;  and  for 

each  coifee  stand  one  dollar.     (Said  stands  to  be  calculated  as  of 

eight  feet  in  length. — Ordinance  No.   1143.) 

Vegetable  mar-         No.  451.      ('M.)  All  Ivinds   of  gauic,  poultry,  vegetables,  and 

trict  .  all  other  articles  destined  for  the  (hdWy  supply  of  the  city,  except 

meat,  may  be  bought  and  sold  at  said  market. 
Repealing  clause.       No.  452.     (35.)  All  Ordinances  or  resolutions  contrary   to  or 
conflicting  with  the  foregoing,  are  hereby  repealed. 

City  Ordinance,  No.  418.     Approved  Nov.  20, 1852. 

Obstructions, etc.  No.  458.  (1.)  Froui  and  after  the  first  day  of  January,  1856, 
it  shall  be  unlawful  for  any  person  to  occupy  any  portion  of  the 
sidewalks  or  pavements  bordering  any  of  the  public  markets  of 
the  city,  by  depositing  thereon,  for  sale  or  other  purposes,  any 
article  whatsoever,  calculated  to  obstruct  the  free  passage  thereon 
by  pedestrians,  or  to  erect,  or  continue,  if  already  erected,  in,  on 
or  over  the  said  sidewalks  or  pavements,  any  awning,  shed,  bench 
or  partition  —  or  to  erect,  or  continue,  if  erected,  within  the 
public  markets,  any  awning,  shelf  or  partition,  by  which  the  light 
or  ventilation  of  said  markets  may  be  obstructed  —  or  to  cook 
any  meat,  game,  fish  or  vegetables  within  said  markets,  or  on  the 
sidewalks  or  other  public  grounds  adjacent :  Provided,  that  those 
persons  who  sell  coffee  and  chocolate  in  said  markets  may  be 
allowed  to  heat  the  same  by  means  of  spirit  or  other  lamps, 
enclosed  in  such  manner  as  shall  be  safe  from  danger  of  commu- 
nicating fire  to  other  objects. 

See  No.  45;i. 

J!jnaityof  viola  >;y  454  (V.)  Evcry  pci'sou  Contravening  any  of  the  provi- 
sions of  the  foregoing  section,  may  be  arrested  by  any  commissary 
or  other  police  officer,  and  taken  before  the  recorder  of  the 
district,  when  he  shall  be  summarily  tried,  according  to  the  forms 
of  law,  and  if  found  guilty,  shall  be  condemned  to  pay  a  fine  of 
ten  dollars  for  the  first  oifense,  and  not  less  than  twenty  or  more 
than  one  hundred  dollars  for  the  second  offense,  and  stand  com- 
mitted and  imprisoned  not  exceeding  thirty  days,  or  until  the 
fine  or  fines,  in  either  case,  be  paid,  said  fines  to  enure  to  the 
benefit  of  the  city. 

^     Cleaning,  white-      No.  455.     (3.)  That  the  farmers  of  the  markets  shall  provide 
markers'.  **^''  ^^  for  keeping  clean,  whitewashing  and  sweeping  them  at  their  own 
expense,  except  such  cleaning  as  already  contracted  for. 

City  Ordinance,  No.  2458.    Approved  Nov.  29, 1855. 


MARKETS.  153 

No.  456.  That  tlie  street  commissioner  be,  and  he  is  hereby  Cleaning  of  mar- 
authorized,  whenever  the  farmers  of  the  markets  of  the  city 
shall  fail  to  comply  with  the  provisions  of  ordinance  No.  2458, 
for  cleaning  said  markets,  to  notify  the  farmer  or  farmers  so 
delinquent,  to  have  his  or  their  market  cleaned  within  five  days 
from  the  date  of  said  notification,  under  a  penalty  of  ten  dollars 
per  day  for  every  day  he  or  they  shall  neglect  or  fail  to  comply 
with  said  ordinance  and  notification.  Which  penalty  shall  be 
recoverable  before  any  court  of  competent  jurisdiction,  for  the 
use  of  the  city. 

City  Ordinance,  No.  3190.    Approved  Dec.  27, 1856. 

No.  457.  From  and  after  the  passage  of  this  ordinance,  any  impure  meats, 
butcher  or  other  person  who  shall  expose  or  offer  for  sale,  in 
any  of  the  markets  of  this  city,  any  meats,  poultry,  fish,  or 
other  provisions  which  may  be  tainted  or  decayed,  or  which  shall 
have  been  diseased,  shall  be  liable  to  a  fine  of  not  more  than  one 
hundred  dollars  for  each  offense,  recoverable  before  any  court 
of  competent  jurisdiction,  for  the  benefit  of  the  city^  and  com- 
missaries of  the  several  markets  in  the  city  are  hereby  instructed 
to  arrest  or  cause  to  be  arrested  any  person  so  offending,  together 
with  the  meats,  etc.,  which  may  be  offered,  and  convey  the 
offender  or  offenders  before  the  recorder  in  whichever  district  the 
offense  is  committed ;  and  in  case  of  failure  or  refusal  of  any 
person  or  persons,  guilty  of  said  offense,  to  pay  the  above  fine, 
he  or  they  shall  be  imprisoned  not  more  than  thirty  days. 

City  Ordinance,  No.  2833. 

No.  458.  (1.)  That  the  commissaries  of  St.  Mary^s  and  Daily  rafuse. 
Poydras  markets  be  directed,  and  are  hereby  authorized,  to 
•procure  a  sufiicient  number  of  substantial  barrels  or  tubs,  to 
contain  the  daily  refuse  of  the  various  stalls,  fruitstands,  etc., 
of  said  markets,  and  to  cause  the  same  to  be  placed  according  to 
their  direction,  on  each  side  of  the  markets. 

No.  459.  (2.)  As  soon  as  the  requisitions  of  the  foregoing  Daily  refuse, 
resolution  are  complied  with,  all  vendors  of  meat,  fish,  fruits,  etc., 
within  the  limits  of  said  markets,  shall  be  required  to  throw  the 
daily  refuse  of  their  stands  into  the  barrels  or  tubs  so  provided, 
and  that  the  contractor  for  cleaning  the  streets  of  their  district 
shall  cause  the  same  to  be  disposed  of  as  in  the  case  of  other 
daily  offal. 

No.  460.     (3.)  Any  vendor  in  said  markets  who  shall  throw,  DaUy  refuse, 
or   cause    to  be   thrown,   any  meat,   fish,   fruit   or  vegetable, 
20 


154  MARKETS. 

whether  decayed  or  otherwise,  into  any  streets  or  gutters 
adjoining  said  markets,  shall  be  liable  to  a  fine  of  not  less  than 
live  or  more  than  twenty  dollars  for  each  offense,  recoverable  before 
any  court  of  competent  jurisdiction,  one  half  of  which  shall  be 
paid  to  the  informant,  the  balance  deposited  in  the  city  treasury. 

Oty  Ordinance,  No.  297.    Approved  Sept.  22, 1852. 

htdij  refii»&.  No.  461.     That  the   provisions   contained  in  ordinance  No. 

297,  approved  September  22d,  1852,  and  which  directs  the 
commissaries  of  the  St.  Mary's  and  Poydras  markets  to  procure 
a  sufficient  number  of  substantial  barrels  or  tubs  to  contain  tlie 
daily  refuse  of- the  stalls,  fruit  sands,  etc.,  of  said  markets,  be 
also  made  to  apply  to  the  vegetable  markets  of  the  second 
district,  with  like  directions  to  the  commissaries  of  said  markets  ; 
and  that  all  the  requirements,  as  set  forth  in  said  ordinance  No. 
297,  also  apply  to  the  vegetable  markets  of  the  second  district 
aforesaid. 

City  Ordinance,  No.  2407.    See  Nrt  468,  etc. 

Vegetable  mar-       No.  462.     That   the  Triansular   market,  at   the  iunction  of 

ket,  first  district.  .     .  -,     m  i  •        i  ,  i      i 

Annunciation  and  Tchoupitoulas  streets,  •  be  and  the  same  is 
hereby  established  as  a  vegetable  and  fruit  market. 

That  the  sale  of  vegetables  and  fruit  be  prohibited  in  the 
St.  Mary's  market  from  and  after  the  first  day  of  Janunry,  1856. 

City  Ordinance,  No.  2459. 

Vegetable  mar-        No.  463.     That  from  and  after  the  first  day  of  March,  1855, 

ket.  first  district,  ^  .7  ?  ' 

the  lower  part  of  the  Dryades  market  (that  is  to  say  below 
iVIelpomene  street,)  shall  be  and  the  same  is  hereby  approprieted 
for  the  use  of  butchers,  fishmongers  and  fruit  sellers,  and  all 
that  portion  of  said  market  situated  above  Melpomene  street 
shall  be  appropriated  for  the  sale  of  vegetables,   poultry,  etc. 

City  Ordinance,  No.  2129. 

Chain*  for  msr-  No.  464,  That  the  surveyor  be,  and  is  hereby  authorized 
to  cause  suitable  posts  and  chains  to  be  erected  on  either  side  of 
the  Poydras  market,  so  as  to  prevent  the  passage  of  vehicles 
during  market  hours. 

Eesolved,  that  it  shall  be  the  duty  of  the  commissary  of  said 
Poydras  market  to  place  the  chains  across  said  street  at  three 
o-'clock  A.  jM.,  and  to  keep  them  up  until  eleven  o'clock  A.  M., 
of  each  and  every  day. 

ketft"*  ^^  '"^'^  '  ^^'  '^^^'  '-^^^^^  *^^  street  commissioner  be  recjuested  to  have 
two  chains  extended  across  Penn  street  at  the  upper  end  of 
Poydras    market,  and  to  order  that  the  same  be  extended  during 


MARKETS.  '  1^^ 

tlic  hours  of  market^  thereby  preventing  drays  and  carts  from 
passing  and  repassing,  to  the  great  annoyance  of  our  citizensi 
saying  nothing  about  the  constant  danger  of  injury  to  the  many 
persons  attending  the  market. 

City  Ordinance,  No.  2500. 

Xo.  460.     That  the  lessee  of  the  small   market,  situated  in  ^*^^^^^,^^**'*'''* 
the  second  district,  between  the  beef  and  vegetable  markets,  be 
and  he  is  hereby  permitted  to  allow  live  poultry  and  eggs  to  be 
sold  at  the  vacant  stands  in  said  market;  also  corn  and  oats   by 
the  pint  and  6(uart. 

City  Ordinance,  No.  2611. 

Xo.  467.     (1.)  Tliesaiary  of  the  commissary  of  the  Ht.  Marv's  Salary  of  cotn- 
market,  from  and  after  the  passage  of  this   resolution,  is  hereby 
fixed  at  sixty  dollars  per  month. 

No.  468.     (2.)  The  salary  of  the  commissary  of  the  Poydras  Salary  of  com- 

^     ^  "  .  ,      .  .  ,       missariea. 

market,  from  and  after  the  passage  of  this  resolution,  is  hereby 
fixed  at  sixty  dollars  per  month. 

No.  469.     (3.)  The  salary  of  the  commissary  of  the  Amiun-  Salary  of  com- 
ciation. market,  irom  and  alter  the   passage  oi  this  resolution,  is 
hereby  fixed  at  sixty  dollars  per  month. 

No.  470.     (4.)  The  salary  of  the  commissary  of  the  Bryades  Salary  of  com- 

1      r.  1  ^     1  .  1      .  -       1         1       missariea. 

market,  irom  and  atter  the  passage  ot  this  resolution,  is  hereby 
fixed  at  sixty  dollars  per  month. 

•     No.  471.     (5.)  The  salary  of  the  commissary  of  the  vegetable  Salary  of  corn- 
market,  second  district,  from  and  after  the  passage  of  this  reso-  ""^^  * 
lution,  is  hereby  fixed  at  sixty  dollars  per  month. 

No.  472.     (6.)  The  salary  of  the   commissary  of   the  beef  salary  of  com- 
market,  second  district,  from  and  after  the  passage  of  this  resolution,  ™^^*"^"' 
is  hereby  fixed  at  sixty  dollars  per  month. 

No.  473.     (7.)  The  salary  of  the   commissary  of  the  Trdmd  salary  of  com- 
market,  from  and  after  the  passage  of  this  resolution,  is  hereby  '"'^  ^ 
fixed  at  sixty  dollars. 

No.  474.     (8.)  The  salary  of  the   commissary  of   the  Port  salary  of  com- 
and  Washington  markets,  from   and  after  the  passage  of  this 
resolution,  is  hereby  fixed  at  sixty  dollars  per  month. 

No.  475.     (9.)  The  salary  of  the  commissary  of  the  Magazine  Salary  of  corn- 
street  market,  from  and  after  tlie  passage  of  this   resolution,  is 
hereby  fixed  at  sixty  dollars  per  month. 

No.  476.     (10.)  The  salary  of  the  commissary  of  the  Lafayette  Salary  of  corn- 
market,  from  and  after  the  passage  of  this  resolution,  is  hereby  '"*^''* 
fixed  at  sixty  dollars  per  month. 

City  Ordinance,  No.  639. 


166 


MARKETS. 


Salaiy  of  com- 
missaries. 


Saspension. 


No.  477.  That  the  salary  of  the  commissary  of  the  Ninth 
street  market,  fourth  district,  be  fixed  at  sixty  dollars  per  month 
from  the  ninth  inst.  (August.) 

Ordinance  No.  2094, 

No.  478.  Any  policeman  or  commissary  wrongfully  suspended, 
shall  receive  pay  for  the  whole  of  the  time  that  he  may  have 
been  thus  suspended. 

City  Ordinance,  No.  28,  Art.  15. 


Appointment   of 
commissaries. 


Commissaries  of      No.  479.     That  the  commissary  of  St.    Mary's  market  be 
ket.  ,  also  required  to  act  as  commissary  of  the  Triangle  market,  on 

Tchoupitoulas  street,  without  additional  compensation. 
Commissary  veg-      No.  480.     That  the  commissary  of   the  Vegetable   market, 

etable  market,  it-ii  -i  • 

second  district,     sccond    district,  be  also  required  to  act  as   commissary  oi  the 
fruit  market,  second  district  without  additional  compensation. 

City  Ordinance,  No.  2677. 

Commissary  of        ^0.  481.     That  the  poHcc  board  be,  and  they  are  thereby 
market.  authorized  to  elect  a  person  to  act  as  commissary  of  Washington 

market  third  district,  said  officer  to  remain  in,  and  perform  all 
duties  appertaining  to  the  commissaries  of  the  markets,  during 
the  pleasure  of  the  common  council,  the  salary  of  the  same  to 
be,  and  the  same  is  hereby  fixed  at  forty  dollars  per  month. 

City  Ordinance,  No.  2329. 

No.  482.  The  mayor  shall  appoint  a  commissary  for  each 
of  the  markets  of  the  first,  second  and  third  districts,  and  two 
commissaries — one  for  the  Magazine  and  one  for  the  Saraparu 
street  markets,  in  the  fourth  district — subject  to  the  approval 
of  the  board  of  aldermen ;  and  it  shall  be  the  duty  of  one  of  the 
day  police  of  the  fourth  district,  to  be  selected  by  the  captain  of 
said  district,  to  act  as  commissary  of  Ninth  street  market. 

City  Ordinance,  No.  28.    Art.  15. 

No.  483.  That  the  commissaries  of  the  several  markets  of 
the  city  shall  be  under  the  special  instructions  of  the  chief  of 
police,  relative  to  their  several  duties  in  enforcing  the  ordinances 
now  in  existence  concerning  said  markets. 

City  Ordinance,  No.  1776. 

No.  484.  It  shall  be  the  duty  of  the  commissaries  of  the 
several  markets,  as  soon  as  the  markets  shall  have  been  washed, 
to  have  the  fire-plugs  closed,  and  kept  closed  until  wanted  the 
next  day  for  the  same  purpose,  except  in   case  of  fires,   and  for 


Commissaries 
under  chief  of 
police. 


Their  duty  as  to 
fire  plugs. 


M 


MASTER  AND  WARDENS  OP  THE  PORT  OP  NEW  ORLEANS.  157 

any  violation  of  this  ordinance  the  commissary  shall  be  dismissed 
from  his  office. 

City  Ordinance,  No.  2144. 

For  Commissaries'  duties  as  to  Bakeries  and  Bread,  see  No.  41 . 

DECISIONS    or    SUPREME    COUKT. 

The  right  to  establish  markets  is  a  branch  of  the  sovereign  power,  and 
that  of  regulating  them  is  necessarily  a  power  of  municipal  police. — 
4  Ann.  336. 

The  ordinance  imposing  a  fine  on  persons   selling  groceries   in  certain 
market  houses   is  neither  illegal   nor    unconstitutional. — 4  Ann.    278    « 
and  336. 


MASTER   AND    WARDENS   OF    THE   PORT  OF  NEW 
ORLEANS. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  relative  to  the  Master  and  Wardens   of  the  Port  of  New  Orleans, 
and  for  regulating  the  same. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in   General  Assembly  convened.     That  it  shall  be  Appointment   of 
lawful  for  the  governor  to  appoint,    as   often  as   shall   be  necessary,  by  ^^^^^'^^"^  "^^^'j; 
and  with  the  advice  and  consent  of  the  Senate,   one  fit  and  proper  person  of  New  Orleans. 
to  be  master,  and  three  other  fit  and  proper  persons  to  be  wardens  of  the 
port  of  New  Orleans,  who  shall  be  called  the  master  and  wardens  of  the 
port  of  New  Orleans,  who  shall  hold  their  offices  for  two   years  from  the  Their  term  of 
date  of  their  appoitment.  ^  ^^^' 

Sec.  2.     That  the  master  and  wardens  shall  keep  an  office   in  the  city  ofSce,  where >ept 
of  New  Orleans,  and  shall  cause  to  be  made,  in  a  book  to  be  kept  for  that  -q^q^  ^q  ^^  -^^^ 
purpose,    an   entry   of  all   their  proceedings,    to  which  all  persons  may  ^^  them. 
have  access. 

Sec.  3.     That  the  master  and  wardens,    or   any   of  them,    shall,   if  Certain  duties  of 
called  upon  by  the  person  commanding   any  ship  or  vessel  arriving  from  '"'*'^^^°^- 
sea,    inspect   the   manner  in   which  the   hatches   of  such  ship  or  vessel 
were   securedj'^previous   to   the   opening  thereof    for  the    purpose    of 
discharge,  and^shall'be  present  at  the  opening  of  the  same ;  and    shall, 
upon  every  such  survey,  certify  under  his  hand  how  the  hatches  appeared 
to  him  ;  for  which  certificate  he  shall  be  entitled  to  two  dollars,  and  for  Fees  for  certifi- 
every  duplicate  thereof  one  dollar. 

The  master  and  wardens  or  any  two  of  them,  shall  be   surveyors  of  Duties  of  master 
damaged   goods   brought  into  the  port   of  New  Orleans  in  any  ship  or 
vessel ;  and  with  the  assistance  of  one  or  more  skilful   carpenters,  shall 
be  surveyors  of  any   damaged  vessel,  and  any  vessel  deemed  unfit  to 


158  MASTER  AND  WARDENS  OF  THE  PORT  OF  NEW  ORLEANS. 

Their  lees.  proceed  to  sea  ;  and   they  shall,  upon  every  such  survey,   certify  under 

their  hands  how  the  vessel  so  surveyed  appeared  to  them,  and  shall  cause 

entries  to  be  made  in  a  book  to  be  kept  for  that   purpose  in   their   office, 

and  for  each  certificate  and  entry  they  shall  be   entitled  to  two  dollars, 

and  for  every  duplicate   thereof  to    one   dollar  ;  and   the  wardens  shall 

severally  be  entitled,  for  their  services  as  surveyors  of  damaged  goods  or 

vessels,  at  the  rate  of  two  dollars  and  fifty  cents  per  day.     And  further, 

it  shall   solely  belong  to   the  said  master  and  wardens,   or  any  two  of 

them,  to  order  and  direct  the  sale  of  damaged  goods   by  public   auction, 

giving  notice  of  such  public  sale  at  least  two  days  before,  in  English  and 

French,   in   two  newspapers  published  in  the  city;  and  at  least  two  of 

the  wardens  shall  be  present  at  such  sale,  and  shall  certify  to  the  truth 

of  the  account  of  sales   of  the  auctioneer  by  whom   such   damaged  goods 

shall  be  sold  ;  and  for  such  attendance  and  certificate  shall  be  entitled  to 

the  sum  of  ten  dollars. 

Not  to  be  inter-       Sec.  4.     That  neither  the  master  nor  any  of  the   wardens    aforesaid 

ested  in  any  pilot  ^.         .  .     ,. 

boat,  or  with  auy  shall  be  concerned,  directly  or  indirectly,    in   any  pilot-boat  or  with  any 

branch  pilot.         jj^anch  pilot  in  respect  to  the  business  of  his  trust. 

Fees  in  certain  Sec.  5.     That  whenever  goods  and  merchandise,  damaged  on   board 

of  vessels  arriving  from  sea,  belong  to  different  proprietors,  but  are 
addressed  to  the  same  consignee,  it  shall  be  lawful  for  the  wardens  who 
shall  have  inspected  the  same,  and  ordered  and  attended  the  sale  of 
such  damaged  goods  at  auction,  to  demand  and  receive  distinct  fees  for 
such  pi'operty  so  surveyed  and  sold,  provided  the  consignee  shall  require 
ditferent  sets  of  certificates  for  each. 

Additional  fees.  g^c.  6.  That  in  addition  to  the  fees  allowed  to  the  master  and 
Avardens,  they  shall  be  entitled  to  demand  and  receive  for  each  vessel 
arriving  in  the  port  of  New  Orleans  from  sea,  the  sum  of  five  dollars, 
whether  they  be  called  upon  to  perform  any  services  or  not ;  which  sum 
they  shall  be  entitled  to  demand  of  the  captain,  owner,  or  consignee  of 
every  such  vessel ;  and  in  case  of  failure  or  refusal  to  pay  the  same, 
they  shall  have  the  right  to  proceed  for  the  recovery  of  the  same  against 
the  said  vessel,  before  any  justice  of  the  peace  or  other  competent 
tribunal. 

Deputies.  Sec.  7.     That  the  wardens  of  the  port  of  New  Orleans   may   appoint 

Oath  to  be  taken  deputies  and  clerks,  but  the  deputies  and  clerks  shall  take  the  oath 
prescribed  by  article  ninety  of  the  Constitution,  and  shall  be  sworn 
truly  and  faithfully  to  perform  the  duties  imposed  on  the  wardens  of 
the  port  of  New  Orleans  ;  and  the  said  wardens  shall  be  responsible  for 
the  acts  of  their  deputies. 

Certain  laws  re-  Sec.  8.  That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  489. 

DEOISIOKS     OF      SUPREME     COURT. 

The  port  wardens   of  New  Orleans  are    not  entitled  to  the  exclusive 
collection  of  the  pilotage  due  to  pilots. — 3  ■NI.  R.  125. 


by  them. 


pealed. 


MAYOR.  159 

The  port  wardens  are  by  law  constituted  sole  judges  of  the  necessity, 
which  requires  damaged  goods  to  be  sold  at  auction. — 6  N.  S.  61. 

The  ffees  allowed  to  the  master  and  wardens  by  the  act  of  17th 
February  1821,  are  at  least  when  the  services  for  which  they  are  claimed, 
have  been  rendered,  not  inconsistent  with  the  Constitution  of  the  United 
States,  nor  with  the  act  of  Congress  of  1812,  admitting  Louisiana  into 
the  Union.— 10  R.  11.  459. 

The  offices  of  harbor-master  and  port-wardens  of  the  port  of  New 
Orleans,  were  organized  by  the  act  of  March  31st,  1805.  By  an  act  of 
8th  March  1841,  the  first  section  of  that  act  and  all  other  acts  providing 
for  the  office  of  harbor  master,  were  repealed  so  far  as  they  related  to 
the  creation  of  said  office  ;  but  the  rest  of  the  act  of  1805,  remained  in 
force.  It  provided  for  the  police  of  the  port,  and  for  the  appointment 
of  a  harbor  master,  port  wardens  and  pilots;  assigning  to  them  such 
duties  as  were  properly  to  be  exercised  under  the  local  territorial 
authority.  It  received  the  san«tion  of  the  Congress  of  the  United  States, 
and  must  be  considered  as  having  the  authority  of  a  law  of  the  United 
States.  We  take  section  11  to  mean,  that  the  master  and  wardens  have 
the  sole  right  to  order  and  direct  the  sale  of  damaged  goods  by  public 
auction  in  the  case  provided  in  that  section ;  that  is,  when  called  upon 
by  the  person  commanding  any  ship  or  vessel  arriving  from  sea.  This 
construction  gives  us  a  wise  law,  one  strictly  constitutional  and  necessary 
in  a  sea  port  for  the  protection  and  guide  of  masters  of  ships.  The 
statute  presents  solely  a  matter  of  contract ;  neithe;*  a  tax,  a  toll,  nor 
an  impost  of  any  kind  or  nature  whatsoever  purports  to  be  imposed  or 
is  in  contestation  between  the  parties,  etc. — 6  Ann.  389.         • 

The  principal  object  for  which  the  intervention  of  port  wardens  seems 
to  be  considered  requisite,  is  to  determine  when  there  exists  a  necessity 
for  a  sale,  but  when  that  fact  is  once  established,  the  actual  sale  is 
always  made  at  public  auction. — 10  Ann.  796. 


MAYOK. 

No.  485.     From  and  after  the  IGtli  of  Juue,  1856,  the  salary  ms  salary. 
of  the  mayor  of  the  eity  of  Now  Orleans  shall  be   five  thousand 
dollars  per  annum. 

City  Ordinance,  No.  282S. 

No.  486.     That  the   mayor  be  requested   hereafter  to   send  Copies  of  ordi 
certified  copies  of  all  ordinances  and  resolutions  passed  by   tlie 
common  council  to  the  parties  to  whom  they  relate. 

City  Ordinance,  No.  416. 

No.  487.     That  the  mayor  be  and  he  is  authorized  to  have  a  City  seal. 
*^sear'  ordered  for  the  city  of  New  Orleans  so  as  to  enable   him 


160 


MAYOR. 


to  furnish  copies  of  documents  to  the  city  attorney  and  the  several 
courts. 

City  Ordinance,  No.  101. 

For  salaries  of  his  clerks,  see  No.  748. 

Jb'or  Ilia  duties  relative  to  Bakeries  and  Bread,  see  page  13. 

''  "  ''  Balls  and  public  Exhibitions,  see  page  15.     • 

"  "  "  Bond  and  Sureties,  No.  73. 

"  "  "  Buildings,  numbering  of  houses,  etc.,  page  27. 

"  "  "  Cemetery  and  Interments,  see  No.  126. 

"  "  "  Coffee  House,  see  page  44. 

"  "  '•  Common  council,  see  page  50. 

"  "  "  Fires  and  their  prevention,  see  page  92. 

"  "  "  Ground  rents,  see  No.  490. 

"'  "  "  Lewd  Women,  No.  403. 

"  "  ''  Offences  and  nuisances,  549,  etc. 

"  "  '•'  Police  department,  No.  568,  etc. 

•'  ••  "  Powder,  No.. 353. 

"  '•  "  Vehicles,  No.  893,  etc. 

ACTS  OF  THE  LEGISLATURE. 


Qualifications  of 
mayor. 


Duties  of  the 
mayor. 


Salary  of  the 
mayor. 


Fees,  how  dis- 
posed nf 


Sec.  26.  That  the  mayor  shall  be  at  least  thirty  years  of  age,  ten 
years  a  citizen  of  the  State  and  five  years  a  citizen  of  the  city ;  and 
shall  have  the  qualifications  required  for  the  members  of  the  House  of 
Representatives  of  the  State ;  he  shall  keep  his  office  in  the  city  hall ; 
he  shall  have  a  seal,  to  be  called  the  seal  of  the  city  of  New  Orleans, 
which  shall  be  affixecl  to  all  proper  official  acts  of  the  corporation  ;  he 
shall  see  tliat  the  laws  and  ordinances,  within  the  limits  of  the  city  of 
New  Orleans,  be  properly -execvited;  he  shall  be,  ex-officio,  justice  and 
conservator  of  the  peace  ;  shall  appoint  police  officers,  policemen  and 
watchmen  under  the  ordinances  of  the  common  council  organizing  the 
same,  and  discharge  the  same  at  pleasure ;  and  in  case  of  discharging 
any  officer  of  police,  he  shall  communicate  the  fact  of  such  discharge  to 
t.lie  common  council  at  their  first  meeting  after  such  discharge  ;  hfe  shall 
alone  control  and  make  regulations  for  the  police  officers,  policemen 
and  watchmen  ;  he  shall  call  meetings  of  the  common  council  whenever 
he  shall  deem  the  same  necessary,  or  whenever  five  members  of  either 
branch  of  the  said  common  council  may  request  him  in  writing  to  do 
so ;  he  shall  also  appoint  one  inspector  of  elections  at  each  precinct  of 
the  city  of  Nev/  Orleans  ;  he  shall  from  time  to  time  lay  before  the 
common  council  a  full  statement  of  the  condition  of  the  aifairs  of  the 
city ;  it  shall  be  his  duty  to  report  to  the  common  council  all  officers 
and  persons  employed  by  the  city  who  fail  to  perform  their  duty,  or 
commit  any  act  for  which  they  should  be  impeached  or  removed  from 
office.  The  mayor  shall  receive  an  annual  salary  of  not  less  than 
four  thousand  dollars  nor  more  than  five  thousand  dollars.  No  fee  shall 
be  allowed  to  him  for  his  own  use  and  benefit,  upon  any  pretence  what- 
ever ;  and  he  shall  render  a  monthly  account,  and  pay  into  the  city 
treasury,  all  sums  which  he  may  receive  for  dues  or  fees  of  any 
description.— Acts  of  1856,  p.  141. 


MAYOR.  161 

Sec.  27.     That  all  ordinances  and  resolutions,   after  having  "been  veto  power  of 
passed  by  both  boards  of  the  comn-on  council,  shall  be  transmitted  to  "^"y^"^- 
the  mayor  for  his  consideration,  who,  if  he  shall  approve  thereof,  shall 
sign  and  publish  the  same  ,  and  such  ordinances  and  resolutions  shall 
thereupon  have  the  force  of  law.     But  if  the  said  mayor   shall   disap- 
prove of  any  ordinance  or  resolution  transmitted  to  him  as  aforesaid, 
he  shall,  within  five  days  from  the  time  he  received  it,  return  the   same 
to  the  board  in  which  it  originated,  with  his  objections  in  writing,  and  if 
two  thirds  of  the  members  elect  to  each  board  shall  adhere  tosaidordi-  Powerofcommon 
nance   or  resolution,    notwithstanding   said   objections;  then,. and  not  ordinances  and 
otherwise,    the   said   ordinance  or  resolution   shall   after  publication  resolutions  »ot- 
thereof,  have  the  force  of  law ;  provided,  always,  that  if  the  said  mayor  jections    of   the 
shall  not  return  any  ordinance   or  resolution,    transmitted   to   him   as 
aforesaid  by  said  common  council,  within  five  days  after  it   shall  have 
been  received  by  him,  then  he  shall  be  deemed  to   have  approved  the 
same  and  it  shall  have  the  same  force  and  effect  as  if  approved  and 
signed  by  him.— Acts  of  1856,  p.  142. 

Seo.  10.     That  the  qualification  of  voters   for  mayor,  recorders,  al-  Qualification  of 
dermen  and  assistant  aldermen  shall  be  the  same  as  are  prescribed   by  ■'■°*®"' 
the  constitution  of  the  State  for  the  election  of  Representatives  in  the 
general  assembly  of  the  State. — Acts  of  1856,  p.  138. 

Sec.  15.     That  whenever  a  vacancy  shall  occur,  by  death  or  otherwise  Vacancy  in  office 
in  the  office  of  mayor  or  recorder,  it  shall  be  the  duty  of  the  boards  of  yided  for. 
aldermen  and  assistant  aldermen,  in  joint  meeting,  to  elect   viva   voce  a 
person  qualified  to  serve  in  the  office  so  vacated,  who  shall  continue   in 
office  till  the  Monday  succeeding  the  next  city   election,  and   until  his 
successor  shall  have  been  duly  elected  and  qualified  ;  and  in  case  of  the 
sickness  or  temporary  absence  of  the  mayor,  the  president  of  the  board  Mayor  pro  tem- 
of  aldermen  shall  act  during  said   sickness   or   temporary   absence   as 
mayor  pro  tempore. — Acts  of  1856,  p.  139. 
See  Acts  of  1856,  p.  138,  sect.  13. 

DECISIONS  OF  THE  SUPREME  COURT. 

The  mayor*of  New  Orleans  being  entrusted,  for  the  common  benefit 
of  all  the  corporators,  with  power  to  see  the  charter  faithfully  executed, 
has  a  right  to  institute  suit,  to  enjoin  the  execution  by  any  of  the  Mu- 
nicipalities of  laws  or  resolutions  contrary  to  the  charter,  and  to  test 
their  legality.— 13  La.  548. 

The  mayor  of  New  Orleans  may  order  the  demolition  of  works  and 
buildings  which  tend  to  interrupt,  embarrass  or  impede  the  use  of  the 
banks  of  the  river,  for  a  passage  or  public  way. — 3  La.  563,  1  Martin 
187. 


NEGRO  TRADERS.---See  Slave  Marts,  No.  774,  etc. 
21 


162  NEW  ORLEANS. 

NEW  OELEANS. 

City  seal.  No.  488.     That  the  mayor  be,  and  he  is  hereby,  authorized 

to  have  ''a  seaF'  ordered  for  the  city  of  New  Orleans,  so  as  to 
enable  liim  to  furnish  copies  of  documents  to  the  city  attorney 
and  the  several  courts.  • 

City  Ordinance,  No.  101. 

Urban  portion  of  No.  489.  That  the  portions  of  the  city  comprised  within  the 
following  limits,  be  declared  as  urban  : 

Following  the  upper  line  of  the  city  to  the  centre  of  the 
Metairie  road ;  following  the  Metairie  road  to  the  bayou  St.  John; 
following  the  centre  of  bayou  St.  John  to  canal  Marigny  ;  follow- 
ing the  centre  of  canal  Marigny  to  Elysian  fields  and  Florida 
avenue  ;  thence  through  the  centre  of  Florida  avenue  to  canal 
Pes  Pecheurs,  and  up  this  canal  to  the  river. 

City  Ordinance,  No.  479. 

Groundrentsdue  ^s^o.  490.  (1.)  That  all  persons  holding  property  within  the 
city  of  New  Orleans,  subject  to  ground  rent,  payable  to  the  city 
at  the  rate  of  six  per  cent,  per  annum  upon  the  capital  debt 
secured  by  said  property,  be  and  they  are  hereby  permitted  to 
release  themselves  from  such  ground  rent  by  full  payment  of  the 
same  au...  uf  the  capital  thereof  into  the  treasury. 

(2.)  That  the  mayor  be  authorized  to  raise  any  mortgage  held 
by  the  city  upon  property  as  above  described  upon  the  exhibition 
of  the  city  treasurer's  receipt  or  certificate  showing  that  the 
payment  required  by  the  foregoing  resolution  has  been  made. 

City  Ordinance,  No.  G43.    Seo  Nos.  229  and  2S0. 

City  property  un-      No.  491.      Whereas,  It  is  supposed  that  there  is  at  the  present 

known.  .  .  o  i  i        i  •  i  •         t 

tmie  a  large  amount  ot  real  estate  and  other  property  withm  the 
limits  of  the  city  of  New  Orleans,  which  in  fact  belongs  to  the 
corporation,  but  of  which  there  is  no  record  on  the  j^ooks  of  the 
city,  and  it  is  further  believed  that  if  proper  steps  are  taken  the 
same  may  be  ascertained  and  made  available ;  therefore,  be  it 
Five  per  cent,  for  (1.)  Resolved,  That  a  commission  of  five  per  cent,  on  the 
Bcovtr  ,  e  .  ^,^\^Q  (jf  .^yy  j,Q^\  estate  or  other  property,  shall  be  paid  to  any 
person  who  shall  report  to  the  council  the  location  and  descrip- 
tion of  such  property;  provided  the  same  be  non-recorded  in  the 
books  of  the  city. 

(2.)  That  the  above  said  commission  of  five  per  cent,  shall 
not  be  considered  as  due  to  the  informer  until  a  full  proof  of 
valid  title  to  the  city  shall  have  been  fully  established  by  law. 
City  Ordinance,  No.  2270.    See  No.  230. 


NEW  OEtEANfcJ.  16S 

No.  492.     That  all  resolutions  of  the  thi*6e.  Municipalities  of  Rep«aiof  old  or- 
New  Orleans,  and  of  the  late  city  of  Lafayette  and  of  the  eon-    *°*°'*^' 
solidated  city  of   New  Orleans,  approved  prior  to    the  first  of 
January  1855,  appropriating  moneys,  are  hereby  repealed,  provided- 
that  nothing  herein  contained  be  construed  to  impair  the  validity 
of  conHacts  entered  into  by  the  city. 

City  Ordinance,  jS^o  198G,    Approved  Feb.  7,' 1855. 
For  Powers  of  Common  Council,  see  page  50. 
For  consolidated  City  Debt,  see  page  66. 
For  Assessment  Districts,  etc.,  see  page  22. 

STATE  CONSTITUTION. 

Art.  124,  The  citizens  of  tke  city  of  New  Orleans  sj^all  have  the  right 
of  appointing  the  several  public  officers  necessary  for  the  administration 
of  the  police  of  the  said  city,  pursuant  to  the  mode  of  elections  which 
shall  be  prescribed  by  the  Legislature  ;  provided,  that  the  mayor  and 
recorders  shall  be  ineligible  to  a  seat  in  the  general  assembl}^ ;  and  the 
mayor,  recorders,  aldermen  and  assistent  aldermen  shall  be  commissioned 
by  the  governor  as  justices  of  the  peace,  and  the  Legislature  may  vest  in 
them  such  criminal  jurisdiction  as  may  be  necessary  for  the  punishment 
of  minor  crimes  and  offenses,  and  as  the  police  and  good  order  of  said 
city  may  require. 

Art.  16.  In  all  apportionments  of  the  Senate,  the  population  of  the 
city  of  New  Orleans  shall  be  deducted  from  the  population  of  the  whole 
State,  and  the  remainder  of  the  population  divided  by  the  number 
twenty-seven,  and  the  result  produced  by  this  provision  shall  be  the 
senatorial  ratio  entitling  a  senatorial  district  to  a  senator.  Single  or 
contiguous  parishes  shall  be  formed  into  districts,  having  a  population 
the  nearest  possible  to  the  number  entitling  a  district  to  a  senator;  and 
if,  in  the  apportionment  to  be  made,  a  parish  or  district  fall  s'^-z^H  of  or 
exceed  the  ratio  one-lifth,  then  a  district  may  be  formed  having  not  more 
than  two  senators,  but  not  otherwise.  No  new  apportionment  shall  have 
the  effect  of  abridging  the  term  of  service  of  any  senator  already  elected 
at  the  time  of  making  the  apportionment.  After  an  enumeration  has  been  - 
made  as  directed  in  the  eighth  article,  the  Legislature  shall  not  pass 
any  law  until  an  apportionment  of  representation  in  both  houses  of  the 
generaly  assembly  be  made. 

i  ACTS  OF  THE  LEGISLATURE, 

An  Act   to   consolidate  the    city   of  New  Orleans,   and  provide  for  the 
government  and  administration  of  its  affairs. 

Section  1.     Be  it  enacted  hy   the  Senate  and  House  of  Representatives 

of  the  State   of  Louisiana   in   General  Assembly  convened,     That  all  that  a  portion  of  the 

portion  of  the  parish  of  Orleans,  situated  on  the  left  bank   of  the  river  P"^^ ''^?^^®*°^ 
^  '^  incorporated  as 

Mississippi,  shall  be  the  city  of  New  Orleans,  and  that  all  the  free  white  the  city  of  New 

inhabitants  thereof  shall  be  a  body  corporate  by  the  name  of  the   *'  city    "^  **^'* 


164  NEW  ORLEANS. 

of  New  Orleans,"  and  by  that  name   they  and  their  successors   shall  be 

Powers  of  said      known  in  law,  and  shall  be  capable  of  sueing   and  being   sued,   and  of 
corporation.  ,  ,,«,..,,  .  ,    .       „ 

procecuting  and  defending  in  all  courts  and  in  all   actions  and   matters 

whatsoever,  and  may  have  a  common  seal,  and  may  alter  and  change  the 

same  at  pleasure,  and  by  the  same  name  they  shall  be  capable  of  holding 

and  conveying   any  estate,  real  or  personal,  for  the  use  of  sai(^orpora- 

tion,   under  the  restrictions  and  limitations  hereafter  set  form. — Acts 

of  1852,  p.  42. 

An  Act  extending  the  laws  relative  to  the  city  of  New  Orleans  over  its 
present  limits. 

Be  it  enacted  by  the  Senate   and  House  of  Representatives  of  the  State  of 

Laws  relative  to  Louisiana  in    General   Assembly   convened,     That  all  laws  now    in  force 

tended"^  through-  relative   to   the   incorporation   of  the   cify  of  New  Orleans,   and  to  the 

out  its   present  duties  of  all  officers,  both  state  and  municipal,  shall  be  in  force  and  effect 
limits. 

throughout  the  whole  limits  of  said  city  as  fixed  by  the  Constitution,    as 

if  the  same  had  been  passed  to   operate  within  the   said  city  as  now 

constituted. — Acts  of  1853,  p.  154. 

For  division  into  wards,  see  Acts  of  1852,  page  42,  sect.  2,  and  page 
55,  sect.  2. 

Rights,  etc.,  of  the  municipalities,  etc.,  vested  in  the  city,  see  Acts  of 
1852,  page  52,  sect.  36. 

Rights,  etc.,  of  Lafayette,  etc,  vested  in  the  city,  see  Acts  of  1852, 
page  56,  sect.  6. 

An  Act  to  limit  the  Indebtedness  of  the  city  of  New  Orleans. 

Council  pro-  SECTION  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 

hlcreaslnrthe  the  State  of  Louisiana  in  General  Assembly  convened,      That  it   shall  not 

amount  of  the  hereafter  be  lawful  for  the  council  of  the  city  of  New  Orleans  to  authorize 

the^city.  auy  increase  of  the  amount  of  the  present  indebtedness  of  said  city. 

When  said  in-  Sec.  2.     That  after  the  total  indebtedness  of  said  city  shall   have  been 

debtedness  shall  reduced,  under  the  operations  of  existing  laws,    to  the  amount  of  twelve 
be  reduced   to  '  ^  o  7 

$12,000,000,  it     millions  of  dollars,  it  shall  not  be  lawful  for  the  city  council  to  authorize 
fuftoTncreaseTt  any  increase  of  said    indebtedness  beyond   the   sum   herein   specified, 
in  any  manner,  y^j^jether  the  said  debt  be  in  the  form  of  bonds,    loans,    contracts,  or   en- 
gagements under  any  ordinance,  resolution  or  other  act. — Acts  of  1855. 
page  228. 

An   Act  making   Municipal   Corporations  liable   for    damages   done    to 
property  by  mobs  and  riotous  assemblages. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Corporations ren-  the  State  of  Louisiana  in  General  Assembly  convened,  That  the  diflFerent 
damages^^^^  ^^^  municipal  corporations  in  this  State  shall  be  liable  for  the  damages  done 

to  property  by  mobs  or  riotous  assemblages  in  their  respective  limits. — 

Acts  of  1855,  p.  45. 

Can  subscribe  to  stock,  etc.,  Acts  of  1855,  p.  12. 


NEW  ORLEANS.  165 

Sec.  42.     That  the  common  council  of  New  Orleans  shall  hare  power  Bonds  which  the 
to  require  bond  and  security  from  all  persons  holding  any  office   of  trust  the'^ci^tVmay're- 
or  emolument  in  the  city  administration,  for  such  sum  as  they  may  deem  q^i". 
proper,  not  exceeding  ten  thousand  dollars. — Acts  of  1852,  p.  55. 

For  Municipal  Corporations  generally,  see  Acts  of  1855,  p.  325. 

For  fii||t  act  of  Incorporation  of  the  city,  see  Acts  of  1805,  p.  44. 

For  Act  dividing  the  city  into  three  municipal  corporations,  see  Acts 
of  1836,  p.  28. 

For  Acts  consolidating  the  same,  see  Acts  of  1852,  p.  42  ;  Acts  of 
1850,  p.  156. 

For  Acts  annexing  Lafayette,  see  Acts  of  1852,  p.  o5. 

For  New  Charter,  see  Acts  of  1856,  p.  136. 

For  history  of  the  city,   see  "  Intrduction. " 

DECISIONS  OF  SUPREME  COURT. 

1, — The  incorporated  limits  of  the  city  of  New  Orleans  terminate  at 
the  water's  edge,  and  include  no  part  of  the  river. — 5  La.  460,  17  La. 
573. 

2. — Milneburg  on  Lake  Pontchartrain  is  considered  to  be  within  the 
incorporated  limits  of  New  Orleans,  and  subject  to  city  ordinances  and 
police  regulations. — 13  La.  70.. 

3." — When  the  act  of  incorporation  does  not  expressly  include  the 
inhabitants  of  a  certain  place  within  the  city  limits,  yet  if  they 
considered  themselves  residents  within  the  limits  of  the  city  and  enjoyed 
the  rights  of  other  residents  of  the  city,  this  will  be  regarded  as  a 
practical  interpretation  of  the  law  and  as  including  and  subjecting 
them  to  the  police  regulations. — 13  La.  70. 

4. — The  plan  of  a  portion  of  the  faubourg  St.  Mary  drawn  on  the 
first  of  April  1788,  by  L.  Trudeau,  is  the  earliest  plan  of  the  faubourg 
known  to  exist. — 19  La.  62. 

5. — The  territory  of  the  city  of  New  Orleans  was  composed,  at  the 
time  of  its  incorporation  of  urban  and  rural  property,  the  latter  being 
by  far  the  most  extensive. — 2  Ann.  611. 

6. — The  city  of  New  Orleans  was  founded  by  Governor  Bienville, 
about  the  year  1718.  A  copy  of  a  plan  which  the  city  has  obtained  from 
the  minister  of  marine  and  colonies  in  France,  made  by  engineer  De 
Lassas  in  1726,  exhibits  the  city  of  that  period  and  its  environs.  The 
first  concession  of  land  below  the  city  was  more  than  half  a  mile  dis- 
tance and  all  the  intervening  space  was  marked  as  commons  of  the  city. 
It  was  fortified  at  its  foundation  and  an  esplanade  was  left  outside  for 
the  use  of  the  fortifications.  By  Depanger's  plan  (made  May  29,  1724,) 
it  will  be  seen  that  the  city  was  at  that  period  laid  off  into  parallelo- 
grams down  to  Barracks  street  and  the  barracks  were  situated  at  the 
corner  of  that  street  and  the  levee.  The  fortifications  were  maintained 
and  enlarged  from  time  to  time  until  the  treaty  of  peace  between  France 
and  Great  Britain  in  1763,  when  the  province  was  ceded  to  Spain.    In 


166  i^EW  ORLEANS. 

1794,  baron  Carondelet  surrounded  the  city  witli  new  fortifications  in 
which  he  was  aided  by  Lareau  Trudeau,  tho  surveyor  general  of  the 
province. — 5  Ann.  p.  724. 

7. — The  city  council  possess  the  power  to  remove  as  nuisances, 
buildings,  etc.,  wliich  encroach  on  the  line  of  the  street,  and  to  regulate 
the  public  ways  and  maintain  order  and  safety  thereon,  and  to  demolish 
works  which  tend  to  interrupt,  embarrass  or  impede  the  use  of  the 
banks  of  the  river  or  public  grounds  and  squares. — 1  Martin  87 ;  4 
Martin  10;  3  La.  563;  Ann.  34. 

8. — The  corporation  of  New  Orleans  possess  full  power  to  make  by- 
laws to  maintain  the  cleanliness  and  salubi'ity  of  the  city,  and  may 
abate  nuisances,  as  a  private  hospital ;  and  it  would  require  a  strong 
case  to  induce  the  court  to  interfere  with  its  exercise. — 5  N.  S.  409  ;  5 
Ann.  747;  10  Ann.  227. 

9. — The  corporation  are  authorized  to  prohibit  the  sale  of  oysters  in 
the  city,  except  at  certain  designated  stands. — 2  La.  219. 

10. — Ordinances  of  the  city  council  directing  sales  of  all  property 
remaining  on  the  levee  a  longer  term  than  is  authorized  by  the  police 
regulations,  is  unconstitutional  and  void;  so  is  the  statute  of  1834, 
authorizing  the  council  to  pass  such  ordinances.  The  corporation 
possess  the  power  to  remove  encumbrances  from  the  levee  streets,  etc  , 
at  the  expense  of  the  owner. — 4  La.  97  ;  4  La.  98;  15  La.  129. 

11. — The  corporation  is  the  administrator  of  the  use  of  the  banks  of  tho 
river,  and  of  the  batture  outside  of  the  levee,  for  the  general  convenience 
and  the'great  objects  of  public  utility,  and  must  necessarily  possess  all  tho 
powers  and  authority  requisite  to  effect  those  objects  ;  it  has  a  right  to 
all  the  advantages  it  may  produce  and  can  make  banks  and  improve- 
ments to  increase  the  revenues.  It  has  not  only  the  right  to  use  the 
•  earth  taken  from  the  batture,  in  the  construction  of  wharves,  enbank- 
ments  and  levees,  but  also  for  the  purpose  of  improving  the  port  and 
streets  and  avenues  leading  to  it. — 18  La.  278. 

12. A  purchase  of  real  estate  by  the  corporation,  with  a  view  to  divide 

it  into  lots  and  streets,  and  to  resell  the  same  for  the  purpose  of  improving 
the  cleanliness  and  salubrity  of  the  city  and  the  convenience  of  the 
streets,  is  legal.— 2  R.  R.  491. 

13. — The  erection  of  wharves  at  such  places  as  commerce  may  require, 
is  a  legitimate  exercise  of  municipal  power. — 6  R.  Jl.  349. 

14. The  municipal   authorities   are  bound  to  preserve   unobstructe  d 

for  public  use,  the  streets  of  the  city  and  the  banks  of  the  river,  and  though 
they  may  tolerate,  temporarily,  works  not  deemed  injurious  to  the  rights 
of  the  public,  no  permission  of  a  council  can  prevent  a  subsequent 
council  from  putting  an  end  to  such  toleration. — 6  R.  R.  349. 

1.5, Corporations  are  responsible  for  exercising,  through  their  offices, 

in  an  unskillful  and  improper  manner,  powers  vested  in  them  by  their 
charter. — 5  Ann.  660. 

IG. — Laws  enacted  under  the  State  constitutions,  establishing  and 
regulating  the  municipal  rights   and  power   of  New  Orleans,  are  not 


NEW  ORLEANS.  167 

contracts,  but  ordinary  acts  of  legislation.  The  powers  they  confer  are 
not  franchises,  in  the  original  meaning  of  that  word,  but  mandates  only; 
and  these  laws  may  be  repealed  at  pleasure,  except  so  far  as  their 
repeal  may  affect  rights  acquired  by  third  persons  under  them.  They 
must  be  construed  and  applied  in  all  cases,  like  other  laws. — 1  Ann. 
162;  5  Ai^n.  664. 

17. — The  city  of  New  Orleans  is  made,  by  the  constitution  of  the 
State,  one  of  the  permanent  functionaries  of  government ;  and  the  laws 
by  which  it  is  organized  are  eminently  laws  for  the  perservation  of 
public  order,  from  the  force  and  obligation  of  which  individuals  cannot 
derogate  by  their   conventions. — 1  Ann.  435;  3  Ann.  313;  5  Ann.    664. 

18. — New  Orleans  has  not  all  the  powers  which  belonged  to  the  city 
under  the  French  government  of  Louisiana,  nor  those  of  the  cabildo 
under  the  Spanish  government.  Since  the  legislation  in  our  codes  on 
the  subject  of  corporations,  the  express  delegation  in  the  act  of  1805, 
organizing  the  city  government,  the  radical  change  in  our  political 
system  by  the  transfer  of  Louisiana  from  the  French  republic  to  the 
United  States,  the  repeal  of  the  laws  of  Spain  in  1828,  and  our  own 
settled  jurisprudence  in  relation  to  the  political  corporations  of  the 
State,  it  is  useless  to  look  for  our  municipal  powers  elsewhere  than  in 
our  code,  legislation  and  jurisprudence. — 3  Ann.  294. 

19. — The  first  section  of  the  act  of  1805,  restricting  the  right  of  the 
corporation  of  New  Orleans  to  hold  real  estate  to  such  as  is  situated 
within  the  limits  of  the  city,  does  not  include  slaves. — 2  Ann.  *B97. 

20. — The  statute  of  February  17,  1805,  confers,  in  general  terms, 
powers  of  administration,  -and,  by  its  various  special  delegations  of 
authority,  excludes  the  idea  of  any  other  power  being  granted  than  such 
as  is  required  by  the  police  and  preservation  of  good  order  among -the 
population. — 3  Ann.  294, 

21. — The  word  '-canals"  in  the  16th  section  of  the  statute  of  February 
17,  1805,  authorizing  the  "mayor  and  city  council  of  New  Orleans  to 
cause  common  sewers,  drains,  canals,  pavements  and  bridges  to  be  built 
and  constructed  in  every  part  of  the  city,"  means  canals  for  draining  and 
not  for  navigation. — 3  Ann,  294. 

22.  ^  The  power  to  relieve  the  indigent  sick  and  to  provide  for  the 
poor  who  are  unable  to  labor,  is  conferred  on  the  municipal  authority  of 
New  Orleans  by  act  of  March  14,  sec.  1  and  17;  February,  1821,  sec.  2. 
— 4  Ann.  42. 

23. — The  council  is  the  sole  judge  of  the  validity  of  the  election  of  its 
members,  and  the  law  giving  the  council  this  exclusive  power  is  not 
unconstitutional.— 7  N.  S.  1. 

24. — The  council  are  authorized  to  establish  by  ordinance  a  uniform 
rate  of  wharfage,  to  be  paid  by  ships,  steamers  and  other  vessels  moored 
in  front  of  any  part  of  the  city.— 2  Ann.  538. 

25. — Whatever  effect  the  by-laws  and  ordinances  of  a  municipal  councij 
may  have,  they  are  not  laws  passed  by  the  legislature  of  a   State,  and 


168  NEW  ORLEANS. 

they  are  not  to  receive  the  same  strict  scrutiny  as  penal  statutes,  where 
they  inflict  fines  as  penalties  for  their  contravention. 

Section  4  of  the  act  of  March  14,  1816,  which  provides  that  "neither 
the  mayor,  recorder  nor  any  aldermen  then  in  office,  shall  be  allowed,  in 
his  own  name,  or  through  the  medium  of  others,  to  become  a  lessee  or 
bidder  for  any  branch  of  the  revenues  of  the  city"  etc.,  cannot  be  con- 
sidered as  prohibiting  such  persons  from  leasing  any  lot  of  ground  or 
other  property,  not  forming  an  entire  branch  of  the  revenue  of  the  city. — 
3  R.  R.  368. 

26. — The  act  of  May  4,  1847,  to  provide  for  the  payment  of  the  debts 
of  the  Municipality  of  New  Orleans,  gave  a  certain  destination  to  the 
sinking  fund,  by  which  vested  rights  were  acquired  that  could  not,  under 
act  109  of  the  constitution,  be  divested  by  a  subsequent  act  of  the 
legislature.  The  act  of  March  20,  1850,  providing  for  the  liquidation  of 
the  city  debt,  gave  a  different  destination  to  the  sinking  fund,  and  is 
consequently  unconstitutional. — 6  xYnn.  21. 

27. — Our  laws  secure  the  public  use  of  the  banks  of  navigable  rivers, 
and  within  the  incorporated  limits  of  towns,  the  municipal  government 
is  authorized  to  regulate  that  use  ;  but  their  regulations  must  be  in 
furtherance  of  the  pviblic  use  to  what  the  banks  are  subjected,  and 
cannot  be  taken  advantage  for  the  purpose  of  forever  enjoying  the 
property  of  the  riparian  proprietor,  which  is  not  necessary  for  future  use. 
— G  Ann.  450. 

28.— jThe  public  have  the  right  to  use  the  banks  of  navigable  rivers, 
but  this  right  does  not  authorize  the  permanent  location  of  a  dry 
dock  in  front  of  the  land  owned  by  another  person. — 6  Ann.  450. 

29. — The  right  to  establish  public  places  and  to  charge  their  destina- 
tion, is  an  attribute  of  sovereignty  which  the  legislature  may  delegate  to 
corporations.  The  legislature  of  Louisiana  has  delegated  this  power  to 
the  city  of  New  Orleans,  without  reservation;  under  the  grant  it  is 
competent  for  the  city  government  to  accept  a  dedication  of  public  streets 
and  equally  competent  for  it  to  annul  the  acceptance  before  the  streets 
have  been  opened,  provided  no  vested  right,  acquired  under  the  dedica- 
tion, is  affected  by  the  change. — 7  Ann.  270;  8  Ann.  145. 

oQ. — Towns  and  cities  may  be  projected,  and  streets,  public  squares, 
and  roads  may  be  laid  out  on  plans ;  but  so  long  as  the  ground  remains 
enclosed  and  no  portion  of  it  is  sold  with  reference  to  those  plans,  and  no 
express  dedication  is  made  and  accepted  by  the  proper  authority,  the 
right  of  the  owner  to  the  soil  which  those  streets,  public  squares  and 
roads  cover,  is  not  affected  thereby.  When  neither  the  dedication  nor  the 
acceptance  are  express,  the  rights  on  behalf  of  the  public  must  be  sup- 
ported by  long  continued  usage. — 7  Ann.  233;  9  Ann.  597;  10  Ann.   81. 

81. — In  relation  to  public  places  and  streets  within  this  city,  the 
municipal  authorities  represent  not  only  the  corporations  but  also 
the  public;  a  final  judgment  against  them  is  a  judgment  against  the 
public,  and  no  individual  can  bring  the  point  adjudicated  again  before 
the  courts,— 7  Ann.  498. 


NEW  ORLEANS.  169 

82.— The  municipal  authority  of  the  city  has  no  power  to  impose  a 
penalty,  on  that  which  the  law  of  the  State  has  made  punishable  as  an 
offense. — 7  Ann.  651, 

33. — Municipal  corporations  are  expressly  authorized  to  receive 
legacies  by  the  Civil  Code,  (Art.  423.)  and  by  the  whole  course  of 
legislation  on  the  subject. — 8  Ann.  170. 

34. — Under  the  successive  Constitutions  of  Louisiana,  the  city  of  New 
Orleans  and  its  officers  have  been  made  permanent  functionaries  of 
government  for  all  purposes  of  police  and  good  order,  and  for  the  punish- 
ment of  minor  crimes  and  offenses.  The  police  and  good  order  of  a 
city  include  the  education  of  youth,  and  the  care  of  the  poor  within  its 
limits. — 8  Ann.  171. 

35. — It  may  well  be  doubted  whether  a  servitude  of  prospect  can 
be  established  in  our  modern  cities,  where  the  squares  are  contiguous 
and  no  open  space  save  the  streets  and  public  squares,  are  habitually 
left,  except,  perhaps,  in  the  case  of  adjoining  lots.  The  right  of  perpet- 
ual front  on  the  river  is  a  new  and  unusual  servitude,  which,  even  if 
established  by  the  title,  would  not  be  recognized. — 8  Ann.  145. 

36. — The  mayor  and  aldermen,  etc.,  of  New  Orleans  are  fully 
empowered  to  enact  ordinances  and  adopt  measures  of  police  for 
preserving  the  health  and  promoting  the  comfort,  convenience  and  general 
welfare  of  the  inhabitants. — 10  Ann.  227. 

37. — A  resolution  of  the  common  council,  directing  a  city  officer  to 
abate  a  particular  nuisance  under  a  general  ordinance,  is  legal,  and 
cannot  be  assimilated  to  an  ordinance  inflicting  a  fine  or  penalty  upon 
a  particular  individual. — 10  Ann,  227. 

38. — The  statute  of  18th  March,  1850,  creating  a  distinction  between 
urban  and  rural  property,  in  preparing  the  budget  of  receipts  and 
expenditures  of  the  city  of  New  Orleans,  is  repealed  by  the  consolidation 
act  of  1852.— 10  Ann.  454. 

39. — A  cemetery  is  an  indispensable  part  of  every  city  or  town,  and 
wherever  situated,  must  be  in  the  neighborhood  of  private  property. 
Such  cemetery  is  not  a  nuisance  because  it  depreciates  the  marketable 
value  of  the  property  in  its  neighborhood, — 11  Ann.   244;     10  Ann.  431. 

40. — The  several  acts  of  the  Legislature  giving  to  the  city  police 
powers  over  the  batture,  were  never  intended  to  disturb  the  rights  of 
property ;  and  had  such  been  the  objects  of  the  statutes,  they  would,  to 
that  extent  have  been  nullities.— 11  Ann.  148. 

For  decisions  relative  to  Batture,  see  page  19. 

"  *<  Master  and  Wardens,  page  158. 

"  *'  Taxes  and  Licenses,  see  "Revenue." 

"  "  Stretes,  Pavements,  Levees,  etc.,  see  "Streets.'* 

See  also  "Ordinances,"  "Pounds,"  "Wharves,"  etc. 
22 


170  NOTARY — CITY,  ANl)  NOTARIES  PUBLIC. 

NOTARY— CITY,  AND  NOTARIES  PUBLIC. 

Election  of  [notft.  No.  49i5,  (1.)  From  and  after  the  passage  of  this  Ordinance, 
there  shall  be  elected  annually,  by  the  common  council  of  the 
city  of  New  Orleans,  on  the  third  Tuesday  of  May,  a  notary 
public,  before  whom  shall  be  passed  and  executed  all  contracts, 
agreements,  deeds  of  sale  and  purchase,  and  all  other  authentic 
acts  to  which  the  city  of  New  Orleans  may  be  a  party,  or  have 
any  interest  therein  ;  and  whose  compensation  shall  be  the  fees 
established  by  law,  said  fees  to  be  paid  by  the  parties  contracting 
with  the  said  city  of  New  Orleans. 

(2.)  That  on  the  Tuesday  following  the  final  passage  and 
publication  of  this  ordinance,  a  notary  public  shall  be  elected 
to  serve  until  the  third  Tuesday  of  May,  eighteen  hundred  and 
fifty-three. 

City  Ordinance,  No.  75. 

Hisdutyasto         No.  494,     From  and  after  the  passage  of  this   resolution,    it 

purchasers    of  /»     -i  •  i        • 

contracts.  sliall    DC   tlic   duty   01  the   city   notary,  upon  the  promulgation 

of  all  resolutions  approving  the  adjudications  of  contracts,  to 
notify  the  parties  thereof  through  the  post  ofiice,  and  within  ten 
days  thereafter  if  the  contractors  and  securities  have  not  signed 
their  contracts,  it  shall  become  his  duty  to  inform  the  city 
comptroller  thereof,  and  after  five  days  notice  in  the  ofiicial 
journal,  proceed  immediately  to  a  new  sale,  the  amount  deposited 
by  the  previous  contractor  being  forfeited  in  favor  of  the  city. 

City  Ordinance,  No.  1696. 
See  Contracts,  page  y(K 
See  Bonds,  page  2i. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  relative  to  Notaries  in  New  Orleans. 

Section  1.  Be  ii  enacted  by  the  Senate  and  House  of  Representatives  of 
Duty  of  notaries  the  State  of  Louisiana  in  General  Assembly  convened.  That  it  shall  be 
anc's^recorded,  the  duty  of  the  notaries  in  New  Orleans  to  cause  every  deed  of  sale, 
donation,  or  any  other  sort  of  conveyance  of  real  estate  or  slaves,  passed 
before  them  respectively,  even  when  the  parties  shall  agree  to  dispense 
therewith,  to  be  registered  at  the  ofl&ce  of  the  register  of  conveyances 
for  New  Orleans,  within  forty-eight  hours  after  the  passage  of  said  acts, 
and  this  under  the  penalty  of  five  hundred  dollars  line,  to  be  recovered 
before  any  court  of  competent  jurisdiction,  for  the  use  and  profit  of 
the  Charity  Hospital,  and  also  under  the  penalty  of  being  liable 
for  all  damages  which  the  parties  may  suffer  through  the  neglect  of  said 
notary  to  register  the  said  acts. 


in 

Sue.  2.     That  the  governor  shall  not    appoint    or  commission  any  C«rtmcatd  to  ba 
notary  public  in  or  for  the  parish  and  city  of  New  Orleans  who   shall  judges  of  Su- 
fail  to  furnish  him  with  a  certificate  from  the  judges  of  the  Supreme  court,  ^'^^^^  ^^^^ 
certifying   to   the   qualifications   requisite  to  perform  the  duties  of  said 
ofl&ce.     That  all  notaries  public  in  the  parish  of  Orleans  shall  give   bond  ^^p^d  to  be  fur- 
with  security  in  the  sum  of  ten  thousand   dollars  for  the  faithful  dis-  ries. 
charge  of  the  duties  of  his  office. 

Sec.  3.  That  it  shall  be  the  duty  of  said  register  of  conveyances  to  CertiQcate  to  b« 
affix  to  the  act,  to  be  enregistered,  a  certificate  that  he  has  enregistered  fJJ'V  conyej?*^ 
the  same.  ^^''^s- 

Sec.  4.     That  hereafter  neither  the  Sheriflf  nor  the  notaries  of  the  Act  of  sale  of 
parish  of  Orleans  shall  pass  or  execute  any  act  for  the  sale,    transfer  or  te^paLed  uniei^a 
exchange  of  any  real  estate  situated  within  said  parish,  unless  the  State,  ^^^  taxes  due 
parish  and  municipal  taxes  dne  on  the   same   be  first  paid,  to  be  shown  been  paid, 
by  the  tax  collector's  receipt,  or  certificate  to  that  purpose. 

Sec.  o.     That  the  sheriff  or  notary  public  violating  the  provisions  Penalty  for  vio- 
of  the  preceding  section  shall,  upon  conviction  thereof,   be  fined  in  a  sum  ing'*section!°'^^^ 
of  not  less  than  fifty  nor  more   than  two  hundred  dollars  for  each 
violation,   to  be  recovered  by  the  district  attorney,  for  the  use  of  the  free 
schools  of  the  parish  of  ^Orleans,    before  any  competent  tribunal. 

Sec.  C.     That  it  shall   be  lawful  for  each  and  every  notary  public  in  Deputies 

New  Orleans  to  appoint  one  or  more  deputies  to  assist  him  in  the  making 

of  protests  and  delivery  of  notices  of  protests  of  bills  of  exchange  and 

promisory  notes ;    provided    that     each     notary     shall    be  personally 

responsible  for  the  acts  of  each  deputy   employed  b;^  him.     Each  deputy  Oath  to  be  taken 

shall  take  an  oath  faithfully  to  perform  his  duties  as  such.     The  certi-  ReiatiT©  to  no- 

ficate  of  notice  of  protest  shall  state  by  whom  made  or  served.  *^^®'  °^  protest. 

Sec.  7.     That  all  laws  contrary   to  the  provisions  of  this  act  and  all  Certain  laws 
"  ^  repealea. 

laws  upon  the  same  subject-matter,  except  what  is  contained  in  the  Civil 

Code  and  Code  of  Practice,  be  repealed. — Acts  of  1855,  p.  320. 

Sec.  19.     That  every  notary  public,  recorder  of  mortgages,  and  parish  Fees  of  notaries 
,  ,.  1         «         ,  .     .,.    ^,    .       and  recorders, 

recorder  acting  as  notary  public  or  recorder  of  mortgages,   m  this  State, 

shall  be  entitled  to  demand  and  receive  the  following  fees   of  office,  and 

no  more,  to  wit  : 

For  writing  original  acts  of  any  kind,  including  recording  the  same, 
for  every  hundred  words,  twenty  five  cents. 

For  every  necessary  seal  and  certificate  to  every  notarial  act,  seventy- 
five  cents. 

For  making  copies  of  all  official  documents,  ten  cents  for  every  hundred 
words. 

For  seal  and  certificate  to  any  copy,  fifty  cents. 

For  proving  up  an  act  under  private  signature,  fifty  cents.  . 

For  recording  an  act  under  private  signature,  ten  cents  for  every 
hundred  words. 

For  certificate  of  record  and  seal  to  an  act  under  private  signature, 
fifty  cents. 

For  recording  acta  under  private   signature,  which  have  been  proved 


172  OFFENSES  AND  NUISANSES. 

up  otherwise  than  before  the  parish  recorder  or  notary,  ten  cents  for 
every  hundred  words. 

For  certificate  of  mortgage  with  seal,  one  dollar,  and  for  every  hundred 
words  after  the  first  hundred,  twenty  cents. 

For  canceling  a  mortgage,  one  dollar. 

The  parties  to  a  notarial  act  may,  by  written  clause  in  the  act,  dispense 
with  the  certificate  of  mortgage  required  by  article  three  thousand  three 
hundred  and  twenty-eight  of  the  Civil  Code,  and  the  notary  or  parish 
recorder  shall  not  in  such  case  be  entitled  to  charge  for  such  certificate. 

For  fixing  seal  and  effects  of  intestates,   two  dollars. 

For  removing  the  same,  with  proces  verbal,  one  dollar. 

For  swearing  each  appraiser  or  expert,  twenty-five  cents. — Acts  of 
1856,  p.  168. 

See  also  Acts  of  1855,  page  322. 


OFFENSES  AND  NUISANCES. 

An  Ordinance  relative  to  offenses  and  nuisances. 

Defacing  build-        No.  495.     Art.  1. — (1.)  No  person  shall  deface  any  build- 
ings, etc.  .  1     M  T  .  . 

ing  or  buildings,  fence,  sign  or  other  private  property  in  the  city, 

by  cutting,  breaking,  daubing  with  paint,  or  in  any  other  way 

defacing  or  injuring'  the  same. 

Doorbells,  No.  496.     (2.)  No  ,person  shall  mischievously  rinp;  a  door 

knockers,  door  ^     \  i  r  ./  o 

plates,  etc.  bell  or  US8  the  knocker  of  any  house  or  office  or  other  place,  or 

shall  wantonly  injure  any  door  bell  or  knocker,  or  deface,  or 
injure,  or  remove  any  door  plate  upon  which  the  name  of  the 
resident  is  inscribed. 
Postere.  No.  497.     (3.)  It  shall  not  be  lawful  for  any  person  to  post 

up  an  advertisement  or  other  paper  whatsoever,  on  any  private 
house  or  building,  or  wall,  or  fence,  without  the  consent  of  the 
owner,  or  upon  any  public  building  or  wall  or  fence. 
Notices  of  No.  498.     (4.)  It  shall  not  be  lawful  to  post  up,  or  have 

merTtfetc.'^** '  postcd  up  or  placarded  in  any  public  place,  any  hand-bill  announc- 
ing the  sale  of  medicine  or  the  nature  of  the  treatment  for  any 
kind  of  disease. 
Firing  of  guns,  No.  499.  (5.)  No  pcrsou  shall  fire  or  discharge  any  gun, 
pis  0  8,  crac  ers,  ^-^^^i^  fowling  piece,  or  fire  arms,  within  the  limits  of  the  city, 
or  s^  fire  to,  or  discharge  any  rocket,  cracker,  squib  or  serpent, 
or  shall  throw  any  lighted  rocket,  cracker,  squib  or  serpent, 
within  the  limits  of  the  city,  without  the  license  of  the  common 
council,  provided  that  nothing  herein  contained  shall  apply  to 
military  reviews  or  to  the  lawful  use  of  weapons  in  self  defense. 


OFFENSES  AND  NUISANCES.  173 

No.  500.  (6.)  It  shall  not  be  lawful  for  any  person  or  persons  shooting  gaiio- 
to  erect,  or  in  any  manner  establish  or  continue  any  pistol  or 
shooting  gallery  within  the  limits  of  the  city  of  New  Orleans, 
without  having  j&rst  obtained  the  consent  of  two-thirds  of  the 
persons  residing  within  one  square  of  the  place  where  any  pistol 
or  shooting  gallery  is  intended  to  be  established,  and  the  permis- 
sion of  the  common  council;  and  it  shall  be  the  duty  of  any 
person  or  persons  so  establishing  such  shooting  gallery,  to  have 
the  same  so  enclosed  as  to  prevent  the  report  of  fire  arms  being 
heard  in  the  street  or  streets  on  which  the  same  may  be  located. 

No.  501.     (7.)  It  shall  not  be  lawful  for  any  person  or  persons  Drums,  horns, 
to  beat  a  drum,  or  blow  a  horn,  or  sound  a  trumpet  in  any  street 
or  public  place  within  the  limits  of  the  city.     Provided,  that  this 
provision  shall  not  apply  to  any  militia  or  other  procession,  or  to 
those  cases  in  which  auctioneers  are  permitted  to  beat  drums. 

No.  502.     (8.)  It  is   unlawful  to    use    indecent  or   vulgar  indecent  lan- 

1  .  i        J.  -  1.T  1  guage,  nuisances, 

language  m  any  street,  cemetery,   public  square,   or  levee,  or  etc. 
other  public  place,  or  to  commit  any  nuisance  oiFensive  to  public 
decency,  in  any  public  place  or  in  any  open  lot,  or  on  or  under 
any  wharves. 

No.  503.     (9.)  It  is  unlawful  to  abuse,  provoke,  or  disturb  Chariyaris. mask- 

.        .  '  .  ing,etc. 

any  person  ;  to  make  charivari,  or  to  appear  masked  or  disguised 
in  the  streets,  or  in  Sinj  public  place. 

No.  504.     (10.)  No  person  on  Mardi   G-ras,  or  at  any  other  Throwing  flom, 
time,  shall  throw  flour   or  any  other  substance  on  any  person 
passing  along  the  streets  or  any  public  place. 

No.  505.     (11.)  No  person  shall  make  a  violent  noise  or  create  Disturbances, 

J.,,  rr  'xi-T  -L'^'i'  intoxication,  etc, 

disturbance,  or  onense  against  public  peace   by  intoxication  or 

otherwise.  \ 

No.  506.  (12.)  All  persons  are  forbidden  and  are  prohibited  Throwing  offai, 
from  throwing  or  depositing  any  offal,  filth,  manure,  feculant  etc^'  ^°  "  ^^^  ^' 
matter,  corrupt  or  putrid  water  or  any  shells,  hay,  straw,  kitchen 
stuff,  paper,  cloth  or  any  matter  of  any  kind  which  may  be 
offensive  to  the  smell  or  injurious  to  the  health,  on  any  banquette, 
street,  alley,  wharf  or  any  public  place,  or  in  any  gutter,  drain  or 
canal,  within  the  limits  of  the  city.  Provided,  that  ordinary 
kitchen  offal  may  be  deposited  in  tubs,  boxes,  barrels  or  baskets 
to  be  placed  on  the  outside  of  the  banquettes,  convenient  to  be 
taken  by  the  offal  carts  on  each  morning  in  the  summer,  at  or 
before  8  o'clock,  and  in  the  winter  at  or  before  9  o'clock. 

No.  507.     (13.)  No  person  shall  be  allowed  to  keep  or  let  Offai  reaiainiug 
remain  within  their  yards  or  private  alley,  any  of  the  articles  or  °  ^^^  ^'  * "" 


174         1  OFFENSES  AND  NUI8ANCBS. 


\       things  mentioned  in  the  preceeding  section,  more  than  twenty- 
\     four  hours. 
Deposit  of  foeted       No.  508.     (14.)  It  shall  not  be  lawful  for  any    person    or 
'     *         persons  to  deposit  in  any  part  of  the  city  except  at  the  nuisance 
wharf,  any  manner  of  nuisance,   manure,   filth,   offals  or  foetid 
matter  of  what  nature  soever,  and  the  parties  offending  and  the 
vehicle  shall  be  arrested,  and  made  subject  to  the  fine  hereinafter 
mentioned. 
Obstructing  gut-      No.  509.     (15.)  No   pcrsou   shall   impede    or    obstruct   the 
passage  or  flow  of  water  of  any  gutter,  ditch,  pipe,   or  drain,  in 
this  city,  or  in  any  manner  dam  the  same. 
Taking  earth  '^q,  510.     (16.)  Evcrv  pcrson  who  shall,  without  the  consent 

from  8treet8,  etc.  .     . 

of  the  street  commissioner  or  surveyor,  carry  away,  or  cause  to  be 
carried  away,  any  earth  from  any  street,  square,  public  square, 
public  walk,  or  commons,  shall  pay  the  fine  hereinafter  stipulated. 

See  Xo,  66. 

Riding  horses  on      No.  511.     (17.)  It  sliail  iiot    be  lawful  for  any  person  or 

tai'iTBtreet's.  ^^^  pcrsous  to  ride  on  horse  back,  or  to  drive  any  horse  or  vehicle, 

or  to  turn  out  any  cattle,  or  in  any  manner  or  shape   to  exercise 

the  same  in  the  centre  of  the  following  named  streets  —  Canal, 

Basin,  Rampart,   Esplanade   or   Claiborne   streets,   St.  Bernard 

avenue,  or  in  Coliseum  place,  or  in  any  public  square.  . 

Hitching  horses      No.  512.     (18.)  It  shall  uot  be  lawful  for  any  persou  to  hitch 

on  sidewalks.  ^"^  or  fasten  any  horse  upon  the  sidewalk,  or  to  hitch  it   in  such  a 

manner  and  at  such  place  that  it  may  get  upon  a  sidewalk,  or  to 

ride  or  lead  any  horse  over  any  sidewalk  or  banquette,  except  in 

taking  the  same  to  and  from  the  place  where  it  is  kept. 

Washing  horses      No.  513.     (19.)  It  shall  be  unlawful  to  wash  horses  or  other 

onpavem  n  ,e  c.  ^j^-^^^jg  ^^  ^^^   sidcwalks  of  the  city,  or  in  any  other  place   that 

will  incommodate  the  public. 

Shaking  carpets,      No.  514.    (20.)  It  shall  be  uulawful  for  any  person  or  persons 

iu'pubfic  places^  ^^  hang  up  ou  ti'ccs,  posts  or  fences,  or  on  lines  suspended  from 

^^'  either,  or  to  spread  upon  the  ground   any  articles  of  clothing  or 

bedding  for  the  purpose  of  drying,  or   to   shake    carpets   on  any 

public  squares,    streets,    promenades    or   other   public   grounds 

belonging  to  or  under  the  control  of  the  city. 

Sale  of  groceries      No.  515.     (21.)  It  shall  not  be  lawful  to  sell  or  offer  for  sale 

in  streets,  etc.      ^^^   article   of  groceries,   by   retail,    in   the   streets  of  the  city, 

either  in  carts  or  otherwise, 
gale  of  Tegeta-       No.  516.     (22.)     All   Vegetables,   melons,  potatoes,    onions, 
etc!'    ^  '  ^^^^'  fish;  shrimps,  crabs,  crawfish,  turtle  and  game,  destined   for  the 


OFFENSES  AND  NUISANCES.  175 

daily  supply  of  the  city,  shall  be  brought  to  the  markets 
established  by  law  for  the  sale  thereof,  and  all  persons  exposing 
for  sale  any  of  said  articles  in  the  streets,  or  in  other  part  than 
at  said  markets  during  market  hours,  shall  be  fined  as  hereinafter 
directed,  and  the  said  articles  shall  be  seized  and  detained  until 
payment  of  the  penalty. 

See  No.  432. 

No.  517.     (23.)  Every  person  is  forbidden  to  sell  oysters  in  oysters. 
this   city   from    the    first  day   of  June    until    the   first   day  of 
September.     It  shall  not  be  lawful    to    sell    them    in  any  of  the     ' 
city  markets  or  opened  from  pirogues  or  other  crafts,   or   deposit 
them  on  the  levee  for  sale,   or  to  sell  stale  or  bad  oysters. 

See  No.  445. 

No.  518.     (24.)  It  is  unlawful  to  form  heaj^s   of  oysters  on  oyster?: 
the  sidewalk   or  on  the  streets,   or  in   other   houses    than   those 
licensed  to  sell  the  same. 

No.  519.    (25.)  Any  person  who  shall  strip  naked  for  bathing,  Bathing  in  public 
or  show  himself  naked,    or   in   any   indecent   apparel,    or  shall  P'^°*^' 
bathe  during  the  day  light,  in  the  river  Mississippi,  or  in  eithei- 
of  the  basins,  or  any  where   publicl}^    within    the  limits    of  the 
city,  shall  be  arrested  and  fined  as  hereinafter  directed. 

No.  520.     (26.)  It   shall    not   be   lawful   for  any  person  or  Hogs, 
persons  to  keep  a   hog  or  hogs   within   the  limits   of  the   first 
district   between    the   river  and  CJalvez   street,    nor  within   the 
second  district  between  the  river  and  Galvez  street. 

No.   521.     (27.)  No  person  shall  keep  or   permit   to    run    at  Dog?, 
large  within    the  limits   of  the    city,  any  dog  which  shall,    by 
barking,  biting,  running  after  persons,  howling,  or  in   any  other 
way  or  manner  disturb   the    comfort  or   quiet  of  any  person   or 
persons  whomsoever. 

No.  522.     (28.)  No  owner  of  any  animal  afilicted  with   the  Diseased  animals 
glanders  or  other  contageous  distemper,  shall  suiFer  the   same  to 
roam  at   large  in  any  street,   road,  levee,    or  other  public  place 
whatever. 

No.  523.     (29.)  All  persons  are  prohibited  from  selling   on  sale  of  liquors  on 
any   vessel  or   flat-boat   any     beer,    cider,    wine   or  spirituous  ^''*^®^''' ^*''- 
liquors  in  quantity  less  than  a  barrel. 

No.  524.  (30.)  Any  person  committing  any  of  the  off"euses  penalty  for  vio- 
or  violating  any  of  the  provisions  hereinbefore  named  shall  be  MOTi^ion?*^"*"^ 
fined  not  less  than  five  nor  more  than  twenty-five  dollars,    and   if 


176 


OFrENSES  iND  NUISANCES. 


Vitriol  and  aqua- 
fortis. 


Wild  animals. 


Burial  of  dead 
animalf<. 


False  alarm  of 
fire. 


Filling  lots,  stag- 
nant water,  etc. 


Filling  lots  Tyith 
manure,  etc. 


Penaltiee. 


Immoral  exhlbl- 
ti0D8,  etc. 


the  fine  be  not  paid,  lie  sliall  be  imprisoned  for  ,a  term   not 
exceeding  ten  days. 

No.  525.  Art.  2. — (1.)  No  person  or  persons  shall  have, 
keep  or  possess  within  the  limits  of  the  city,  any  quantity  of 
oil  of  vitriol  and  aquafortis,  unless  it  be  kept  in  a  place 
approved  by  the  mayor  or  surveyor,  either  under  ground,  in  a 
vault,  or  in  a  stone  or  brick  building. 

No.  526.  (2.)  No  wild  and  ferocious  animal  shall  be  kept 
within  the  limits  of  the  city,  on  the  premises  of  individuals,  or 
in  manageries,  unless  such  animal  be  under  the  charge  of  an 
armed  guard,  day  and  night. 

No.  527.  (3.)  Whenever  any  horse,  mule,  cow  or  other 
animal  die  in  the  city,  it  shall  be  the  duty  of  the  owner  or 
keeper  thereof,  to  bury  or  cause  the  same  to  be  buried  beyond 
the  precincts  of  the  *  city  in  a  hole  of  sufficient  depth ;  and  all 
persons  are  forbidden  to  throw,  deposite  or  leave  in  any  street, 
high  road  or  public  square,  or  other  public  way,  lot  or  ground 
whatever,  or  near  the  same,  any  dead  animal  or  carrion,  under 
the  penalty  hereinafter  named ;  and  the  said  offender  sliall, 
besides,,  be  liable  for  the  payment  of  the  expenses  incurred  by 
conveying  the  said  dead  animal  or  carrion  without  the  city,  to 
be  buried  in  the  manner  aforesaid.  And  this  duty  shall  be 
performed  without  delay,  under  the  direction  of  the  street 
commissioner. 

No.  528.  (4.)  No  person  shall  without  reasonable  cause, 
make  a  false  alarm  of  fire  by  outcry,  ringing  of  bells  or  otherwise. 

No.  529.  (5.)  No  person  shall  suffer  stagnant  water  to 
remain  on  his  premises  or  in  any  lot  owned  by  him,  and  any 
person  who  shall  fail,  after  sixty  days  notice  given  to  him  by 
the  street  commissioner,  to  fill  up  his  said  lot  or  premises  so  as 
to  cause  the  water  to  run  oif  in  the  streets  and  not  on  the 
adjacent  lots,   shall  be  fined  in  the  sums  hereinafter  mentioned. 

No.  530.  (6.)  It  shall  be  unlawful  to  fill  up  or  partly  fill 
up  any  lot  with  manure  or  other  offensive    or  deleterious  matter. 

No.  531.  (7.)  Any  person  or  persons  committing  any  of  the 
offenses  or  violating  any  of  the  provisions  hereinbefore  named  in 
this  article,  shall  be  fined  not  less  than  ten  nor  more  than  fifty 
dollars,  and  in  default  of  the  payment  of  the  penalty,  he  shall  be 
imprisoned  not  exceeding  thirty  days. 

No.  532.  Art.— (3.)  No  person  shall  exhibit  or  cause  to 
be  exhibited  in  this  city,  any  bull  or  bear  fight  or  pugilistic 


OFFENSES  AND  NUISANCES.  177 

contest,  or  make  any  immoral  exhibition  or  form  processions  for 
the  purpose  of  attending  such  exhibitions. 

No.  533.     (2.)    No  person  shall  keep  a  cock-pit,  without  cock.pits. 
permission  of  the  mayor,  who  may  at  any  time   revoke  his  per- 
mission and  close  the  same  if  order  be  not  preserved. 

No.  534.  (3.)  It  shall  not  be  lawful  for  any  person  or  obscene  papers, 
persons  to  expose,  circulate,  offer  for  sale,  sell  \  or  distribute  Jfi"  *'  ^  '^  ^^^^' 
within  the  limits  of  the  city,  any  obscene,  scandalous  or  libelous 
book,  print,  newspaper,  pamphlet,  circular,  or  periodical  carica- 
ture, picture,  drawing,  statue  or  other  object  whatever,  of  any 
immoral  or  scandalous  nature,  or  calculated  to  excite  scandal, 
immorality  or  disturbance  of  the  public  peace  or  tranquility. 

No.  535.  (4.)  No  person  shall  break,  deface  or  carry  away  Defacing,  etc., 
any  board  or  plate  indicating  the  name  of  a  street  or  the  toM'^etr*'^' 
number  of  a  house,  or  deface,  cut  or  iu  any  way  wantonly  injure 
any  monument,  public  building,  or  any  other  object  destined  for 
public  utility  or  decoration,  or  cut,  damage  or  destroy  any  post, 
sidewalk  or  other  work  belonging  to  the  city,  or  cut  or  destroy 
or  damage  the  enclosures  of  any  grave  yard,  tomb  or  monument, 
or  damage  the  tombs  or  fences,  or  trees  or  shrubbery  of  any 
cemetery. 

No.  536.     (5.)  No  person  shall  sell,  or  offer  for  sale,  or  keep  spoiled  proTi- 
exposed  in  any  public  place,  any  blown,  stale,  imperfect  or  un-    °°^* 
wholesome  provision,  or  tainted  meat  or  fish,  or  any  animal  which 
has  died  of  disease,  or  any  impure  or  unsound  food  whatever. 

See  No.  427, 

No.  537.     (6.)  No  person  shall  fraudulently  adulterate  for  AduiieTation  af 
the  purpose  of  sale,  any  substance  intended  for  food  or  any  liquor  ^°J  ""**   ^"°"* 
intended  for  drink,  or  any  drug  or  medicine  with  any  substance, 
or  in  any  manner  injurious  to  health. 

No.  538.     (7.)  No  person,  unless  authorized  by  the  mayor,  DUinterHag 
street  commissioners,  recorder,  or  coroner,  shall  wilfully  digv  up,  *>°^'®''' **^'- 
disinter  or  cari'y  away  any  human  body,  or  the  remains  thereof, 
or  shall  knowingly  aid  in  such  disinterment,  or  carrying  away,  or 
shall  be  accessory  thereto. 

No.  539.    (8.)  All  persons  are  forbidden  to  keep  within  the  Keeping  dam- 
limits  of  the  city  or  suburbs,  any  provisions  that  are  spoiled  or  If^'^  vroyifiona, 
damaged,  or  any  articles  whatever  that  are  in  a  state  of  putrefac- 
tion ;  all  persons  possessing  such  provisions  or  articles,  must  throw 
them  or  cause  them  to  be  thrown  into  the  river. 

No.  540.     (9.)  The  mayor  is  authorized  to  prevent  from  being  Landing  of  dam- 
landed  from  any  vessel,  boat  or  craft,  or  from  being  introduced  It^^  provisions, 
23 


lis 


OFFENSES  AND  NUISANCES. 


into  the  city,  damaged  Mdes,  peltry,  salt  provisions,  or  other 
damaged  or  infected  articles,  which  may  be  injurious  to  the 
puhlic  health,  and  no  person  shall  land,  or  bring  into  the  city, 
any  article  calculated  to  injure  the  health  of  the  city. 

Using  &  storing      No.  541.     (10.)  No  distiller,  soap  boiler,  or  chandler,  or  any 

unwholesome  ^       ^  .  ■ 

liquors  &  goods,  other  person,  shall  keep  within  the  city,  any  foul,  tainted  or 
corrupted  water  or  liquor,  or  shall  store  up  tallow,  grease,  or  other 
matter  in  a  state  of  putrefaction,  or  shall  make  use  of  such  water, 
liquor,  tallow,  grease,  or  other  matter. 

Offensive  shops,      ]^q^  542.     (11.)  Whenever  any  workshop,  manufactory,  labora- 

*te.  tory,  or  other  such  establishment,  situate  within  the  city  or  suburbs, 

exhales  foetid  or  offensive  odors  or  vapors,  it  shall  be  the  duty  of 
the  mayor  to  authorize  the  city  physicians  to  carefully  examine 
the  premises,  and  the  said  physicians  may,  should  it  appear  to 
them  necessary,  require  the  authority  of  the  mayor  to  cause  to 
be  opened  to  them  the  doors  of  any  such  workshop,  or  any 
other  establishment,  as  aforesaid,  and  should  the  said  physicians 
be  of  opinion  that  the  said  odors  or  vapors  are  of  such  a  nature 
as  to  vitiate  the  air,  or  to  impair  the  salubrity,  they  shall  make  a 
report  of  the  same  in  writing  to  the  mayor,  who  shall  cause  a 
copy  thereof  to  be  served  on  every  person  concerned,  together 
with  a  notice  that  he  is  required  to  discontinue  all  works  or 
operations  noxious  to  the  public  salubrity,  within  the  term  that 
lie  shall  limit  in  the  order  given  by  him  for  that  purpose.  And, 
at  tl\e  expiration  of  such  term,  every  person  who  shall  not  have 
complied  with  the  said  injunction  of  the  mayor,  shall  pay  a  fine 
hereinafter  named,  and  moreover  a  fine  of  fifty  dollars  for  every 
month  that  lie  shall  refuse  or  neglect  to  comply  with  the 
same. 

structure  of  pri-      No.  543.     (12.)  Evcry  privy  shall  be  at  least  three  feet  deep, 

TIGS    ^\,(* 

'     '  built  of  bricks  laid  in  cement  from  at  least  one  foot  below  the 

surftice  and  raised  at  least  one  foot  above  the  surface  of  the 
ground,  and  shall  be  so  situated  as  not  to  have  an  issue  on  the 
street  or  public  way,  and  said  privy  shall  not  be  placed  within 
three  feet  of  any  public  street  or  highway. 

See  Civil  Code,  Art.  691. 

Privies.  No.  544.     (13.)  Whenever  any  vault  of  a  privy  or  hole,   is 

filled  up  to  within  one  foot  of  the  level  of  the  soil,  or  surface 
of  the  ground,  with  foetid  or  offensive  matter,  or  whenever  the 
street  commissioner  shall  consider  any  privy  in  a  situation 
injurious  to  the  public  health,   the  owner,   tenant,  or  occupant 


OPFENSES  AND  NUISANCB8.  179 

of  the  house,  building,  or  lot,  on  which  said  privy  may  be  found, 
phall  cause  the  same  to  be  emptied  during  the  night,  between 
the  hours  of  11  ^  o'clock,  P.  M.,  and  4  o'clock,  A.  M.,  and  the 
feculent  matter  contained  therein  to  be  carried  to  the  nuisance 
wharf,  and  thrown  into  the  river. 
No.  545.     (14.)  It  shall  not  be  lawful  to  convey  through  Conveyance  oi 

\  ,  ,.  /.   T        •  \      t  feculent  matter, 

any  street  or  other  public  way  of  the  city,  or  any  suburb,  any 
closestool,  tub,  or  other  vessel,  containing  feculent  matter, 
except  during  the  night,  between  the  hours  of  11  P.  M.,  and 
4  A.  M.,  and  then  only  in  a  manner  least  offensive  to  public 
decency,  and  least  injurious  to  public  health ;  and  permission 
must  be  previously  obtained  from  the  mayor  or  street  com- 
missioner. 

No.  546.     (15.)  No  proprietor,   owner,   or  driver  of  a  dray.  Drivers,  etc.,  of 
cab,  hack,  or  other  vehicle  whatever,   shall  use   violence,    or  ^®  ^^^^' 
insulting  language,  or  shall  oppose  an  unlawful  resistance  to  any 
of  his  passengers  or  employers,  or  to  any  citizen.  , 

See  No.  911. 

No.  547.     (16.)  Any  person  committing  any  of  the  offenses,  penalties. 
or  violating  any  of  the  provisions  herein  before   named  in   this 
Article,  shall  be  fined  not  less  than  twenty  dollars  nor  more  than 
one  hundred     dollars,    and  in  default    of  payment,   shall   be 
imprisoned,  not  exceeding  thirty  days. 

No.  548.  (Art.  4.)  In  every  case  where  minors  or  slaves  Punishment  of 
violate  an  ordinance,  the  parents  or  guardians  of  the  minors,  and  andTaTes"^'^*'^^ 
the  masters  of  the  slaves  and  apprentices  shall  be  responsible 
for  the  fine ;  and  when  such  persons  refuse  to  pay  the  fine,  the 
minors  shall  be ^ sent  to  the  house  of  refuge,  and  the  slaves  shall 
be  whipped — provided,  no  slave  shall  receive  more  than  twenty- 
five  lashes  for  any  offense  named  in  this  ordinance. 

See  No.  750,  etc. 

No.  549.  (Art.  5.)  In  all  cases  in  this  ordinance,  where  an  continuation  of 
act  or  omission  is  declared  unlawful,  its  continuance,  after  notice  ^5^°!®  f^l  ^^' 
from  the   mayor   or  street   commissioner,   shall  be   deemed  an  **^^' 
additional  offense,  and  the  offender  shall  be  fined   not  less  than 
five,  nor  more  than  twenty-five  dollars   for  every   day  he  shall 
continue  to  violate  the  provisions  of  this  ordinance. 

No.  550.  (Art.  6.)  It  shall  be  the  duty  of  all  city  ofiicers  to  Duty  of  cityoffl. 
report  and  denounce,  and  it  is  the  duty  of  the   city  attorney  to  ^®''®' 
prosecute  persons  charged  with  violations  of  this  ordinance. 


180  OFFENSES  AND  NUISANCES. 

RcpeaUng  clause.      No.  551.  (Art.   7.)  All  Ordinances  or  parts   of  ordinances 
conflicting  with  the  foregoing  provisions,  are  hereby  repealed. 

City  Ordinance,  No.  3121.    Approyed  Dec.  2, 1856. 
For  oflfensea  relative  to  Auction  Sales,  see  page  6. 

"  "  Awnings,  Sheds,  etc.,  see  page  11. 

"  «  Balls,  and  Public  Exhibitions,  seepage  16. 

<•  «  Basins  and  Canals,  see  page  32. 

«  '*  Batture,  see  page  18. 

"  "  Bread,  Bakery,  see  page  13. 

«  "  Buildings  and  Builders,  see  pages  26  and  27. 

*f  «'  Burials,  and  Burying  Grounds,  see  page  35. 

"  "  Canals,  see  page  32. 

•*  "  Chimneys,  see  page  41. 

<(  ('  CoSee  Houses,  see  page  44. 

"  "  Cotton  Presses,  see  page  84. 

»«  «  Factories,  etc.,  see  page  89. 

«  "  Fences,  sec  page  90. 

«*  "  Fires,  and  their  Prevention,  see  page  92. 

'*  "  Fire  Limits,  see  page  30. 

«*  •<  Flatboats,  etc.,  see  page  110. 

"  "  Forges,  Foundries,  Fire  Engines,  see  page  118. 

"  *'■  Gun  Powder,  see  page  114. 

•*  "  Health,  see  page  120. 

*  "  Hotels,  etc.,  see  page  131. 

"  "  Lewd  Women,  see  page  127,  and  Appendix. 

"  "  Markets,  see  page  146. 

"  ."  Pounds,  see  No.  589,  etc. 

"  "  Powder,  see  No.  347. 

"  *•  Quarantine,  see  page  120. 

'•  "  Quicklime,  see  No.  617,  etc. 

"  *'  Racing,  and  Fast  Driving,  see  No.  90o. 

"  "  Revenue,  Taxes,  Licenses,  see  No.  719,  etc. 

*'  "  Slaves,  see  No.  750,  etc, 

"  •*  Slave  Marts,  see  No.  774,  etc. 

"  "  Slaughter  Houses,  see  No.  252,  etc. 

•*  "  Smoke  Houses,  see  No.  779. 

"  "  Stables  and  Dairies,  see  No.'.780,  etc. 

"  "  Streets,  etc.,  etc.,  see  No.  814,  etc. 

*'*  "  Tanneries,  see  No.  252. 

♦*  "  Taxes  and  Licenses,  719,  etc. 

"  *•  Trees,  see  No.  890. 

"  ♦*  Vehicles,  see  No.  892,  etc. 

"  "  Wharfingers,  see  No.  961, 962. 

"  "  Wharves,  see  No.  964,  etc. 

"  "  Wooden  Buildings,  see  No.  95,  etc. 

STATE  CONSTITUTION. 
Art.  124.  The  citizens  of  the  city  of  New  Orleans  shall  have  the  right 
of  appointing  the  several  public  officers  necessary  for  the  administration 
of  the  police  of  the  said  city,  pursuant  to  the  mode  of  elections  which 
bhall  be  prescribed  by  the  Legislature  ;  provided,  that  the  mayor  and 
recorders  shall  be  ineligible  to  a  seat  in  the  general  assembly  ;  and  the 
mayor,  recorders,  aldermen  and  assistent  aldermen  shall  be  commissioned 
by  the  governor  as  justices  of  the  peace,  and  the  Legislature  may  vest  in 
them  such  criminal  jurisdiction  as  may  be  necessary  for  the  punishment 
of  minor  crimes  and  offenses,  and  as  the  police  and  good  order  of  said 
city  may  require. 


OFFENSES  AND  NUISANCES.  181 

ACTS  OF  THE  LEGISLATURE. 

Sjec.  19.     (22.)  The  city  shall  have  power  to  impose  and  collect  fines  Fines  and  impri- 
for  the  benefit  of  the  city  treasury,  against   all  persons   transgressing  ^°°™*°  * 
their  ordinances  and  regulations,  and  to   imprison  said  transgressors  in 
case  of  non-payment  of  said  fines  :  Provided,  that  said  fines  shall  never 
exceed  one  hundred  dollars  for  each  and  every  contravention  ;  provided, 
paid  imprisonment  shall  never  exceed  one  month. — Acts  of  1850,  p.  164. 

See  Acts  of  1816,  page  94,  sec.  2. 

Sec  7.     That  it  shall  also  be  their  duty  to  superintend  and  enforce  Power  to  enforce 
all  laws  of  this  State,  and  all  laws  of  the  city  of  New  Orleans,  for  pre-  SgS]  Jo&*f 
venting  and  removing  all  nuisances  whatsoever  in  or  upon  the  levee  of  leveee. 
the  city,  within  their  respective  districts. — Acts  of  1855,  p.  485. 

Sec.  108.     That  each  and  every  violation  of  this  act,  or  of  any  ordi-  All  Tiolations  of 
nance  or  resolution  of  the  common  council  of  the  city  of  New  Orleans,  d?iances°Qf  ^the 
which  shall  subject  the  person  so  violating  the  same,  to  a  fine  or  penalty,  common  council, 
shall  be  reported  by  any  ofi&cer  of  said  city,  or  by  any  resident  of  said  ties  to  fine,  to  be 
city,  to  the  comptroller  of  said  city  ;  and  said  comptroller  shall  make  troller?    °*^°°^P' 
out  a  bill  for  said  fine  or  penalty,  and  shall  note  the  same  in  a  book  Said  fines,  how 
kept  for  that  purpose  ;  and  shall  deliver  said  bills  to  the  treasurer ;  and  P'^o<=««<i*='i  ^i^^* 
the  same  shall  be  charged  to  said  treasurer  on  the  books    of  the  comp- 
troller, as  cash  received  by  said  treasurer,  to  be  accounted  for  by  him. 
Said  treasurer  shall  deliver  said  bills  to  the  assistant  city  attorneys  and 
take  said  attorney's  receipt  therefor.     And  the  assistant  city   attorney 
shall  not  bring  suit  for  any  fine  or  penalty  incurred  by  any  person  or 
persons,  as  aforesaid,  except  upon  a  bill  therefor,  delivered  to  him  by 
said  treasurer. — Acts  of  1850,  p.  160. 

Sec.  120.  That  all  idle  persons  who,  not  having  visible  means  to  Definition  of 
maintain  themselves,  live  without  employment ;  all  persons  wandering  ■'^*8'^*°'^» 
abroad  and  lodging  in  groceries,  taverns,  beer  houses,  market  places, 
sheds,  barns,  uninhabited  buildings,  or  in  the  open  air,  and  not  giving  a 
good  account  of  themselves ;  all  persons  wandering  abroad  and  begging, 
or  who  go  about  from  door  to  door,  or  place  themselves  in  the  streets, 
highways,  passages,  or  other  public  places,  to  beg  or  receive  alms ;  ha- 
bitual drunkards  who  shall  abandon,  neglect  or  refuse  to  aid  in  the 
support  of  their  families,  and  who  may  be  complained  of  by  their  families, 
shall  be  deemed  vagrants. 

Sec.  121.  That  it  shall  be  the  duty  of  any  sheriff",  constable,  police-  Adult  vagrants, 
man,  or  other  peace  officer,  whenever  required  hy  any  person,  to  carry  ^^^  *^®*^*  ^^*^' 
such  vagrant  before  a  justice  of  the  peace  of  any  parish,  or  before  any,  one 
of  the  recorders  of  the  city  in  which  he  shall  be,  for  the  purpose  of 
examination;  and  if  the  justice  or  other  officer  be  satisfied  by  the  confes- 
sion of  the  off'ender,  or  by  competent  testimony,  that  he  is  a  vagrant 
within  the  description  aforesaid,  he  shall  make  a  certificate  of  the  same, 
which  shall  be  filed  with  the  elerk  of  the  court  of  the  parish,  and  in  the 
city  of  New  Orleans  the  certificate  shall  be  filed  in  the  office  of  one  of 
the  recorders ;  and  the  justice  or  other  officer  shall  issue  a  warrant  to 


182  OFFENSES  AND  NUISANCES. 

commit  sucli  vagrant,  if  in  the  city  of  New  Orlerns,  to  the  workhouse  of 
the  city,  for  any  time  not  exceeding  six  months;  there  to  be  kept  at  hard 
labor ;  or  if  such  vagrant  be  a  proper  object  of  charity,  to  some  place  of 
refuge  to  be  provided  by  the  common  council  of  the  city ;  and  if  in  any 
of  the  parishes,  to  the  parish  jail  for  not  more  than  six  months,  and  if 
such  vagrant  be  a  proper  object  of  charity,  to  such  place  of  refuge  as 
shall  be  provided  by  the  parochial  authorities. 
Juvenile  va-  Sec.  122.     That  if  any  child  shall  be  found  begging  for  alms  or  solici- 

treated.  ^°^        *'^"S  charity  from  door  to  door,  or  in  any  street,  highway  or  public  place, 
such  child  shall  be  deemed  a  vagrant,  and  any  justice  of  the  peace  of  the 
parish,  or   any  one  of  the  recorders  or  aldermen  of  the  city  of  New 
Orleans,  shall  commit  him  to  such  place  of  refuge  as  may  be  provided  by 
the  parochial  authorities,  and  if  in  the  city  of  New  Orleans,  to  the  house 
of  refuge  of  the  city,  and  the  child  shall  be  there  detained,  kept,  em- 
ployed and  instructed  in  such  useful  labor  as  he   shall  be  able  to  per- 
form, until  discharged  therefrom  under  the  rules  of  the  places  of  refuge, 
or  bound  out  as  an  apprentice  by  the  administrators  of  such  places  of 
refuge,  or  by  the  parochial  authorities. 
Who  shall  ba  re-      Seo.  123.     That  all  persons  apprehended  with  any  picklock  or  other 
^nd^s  '^3*?*^^^'^^*  instrument,  with  the  probable  intention  to  feloniously  break  and  enter 
persons,  and  how  any  dwelling  house,  or  with  any  oflFensive  weapon,  with  probable  inten- 
dealt  with.  tion  to  feloniously  assault  any  person,  or  who   shall  be  found  in  any 

dwelling  house,  out-house,  store  yard  or  garden,  with  probable  intent  to 
steal,  shall  be  reputed  vagabonds  and  suspicious  persons,  and  shall  upon 
conviction  be  punished  with  imprisonment,  with  or  without  hard  labor, 
not  exceeding  three  months. 
Second  offense,         Sec.  124.     That  all  persons  who  shall  be  convicted  a  second  time  of 
how  punished.     ^^^  ^^  ^^^  offenses  mentioned  in  the  preceding  section,  shall  be  condemned 
to  imprisonment  at  hard  labor  for  not  more  than  three  years  not  less 
than  six  months. 
Penalty  for  har-      Sec.  125.     That  all  persons  harboring  vagrants  or  suspicious  persons, 
boring  Tagrants.  ^.^Q^ing  them  to  be  such,  shall  upon  conviction  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars  nor  less  than  one  hundred  dollars. — Acts 
of  1855,  p.  149. 

Penalty  ifor  cut-  Sec.  109.  That  any  person  cutting,  altering  or  breaking,  without  any 
Jn"  New  Orleans!  authority,  or  aiding  and  abetting  any  person  in  the  act  of  cutting,  alter- 
ing  or  breaking  without  proper  authority,  levees,  canals,  or  other  works 
made  to  protect  the  city  of  New  Orleans  from  overflow,  shall  on  , 
conviction  be  condemned  to  suffer  imprisonment  for  a  term  not  exceed- 
ing ten  years  nor  less  than  one  year. 
Carrying  con-  Sfip.  115.     That  whoever  shall  carry  a  weapon  or  weapons  concealed 

ccaled  weapons.  ^^  qj.  about  his  person,  such  as  pistols,  bowie-knife,  dirk,  or  any  other 
dangerous  weapon,  shall  be  liable  to  prosecution  by  indictment  or  pre- 
sentment, and  on  conviction  for  the  first  offense  shall  be  fined  not  less 
than  two  hundred  and  fifty  dollars  nor  more  than  five  hundred  dollars,  or 
imprisonment  for  one  month ;  and  for  the  second  offense  not  less  than  five 
hundred  dollars  nor  more  than  one  thousand  dollars,  or  imprisonment  iu 
the  parish  prison  at  the  discretion  of  the  court,  not  to  exceed  three  months, 


OFFENSES  AND  NUISANCES.  183 

and  that  it  shall  be  the  duty  of  the  judges  of  the  district  courts  in  this 
State  to  charge  the  grand  jury  specially  as  to  this  section.— Acts  of  1855, 
p.  148. 

Sec.  13.     That  whoever  shall  be  guilty  of  assaulting  and  beating,  Assault  and  bat- 
wounding,   short  of  maiming,  or  of  falsely  imprisoning  any  person,  ^^^^y^^  jn,p„.gon. 
shall  on  conviction  thereof,  suffer  a  fine  or  imprisonment,  or  both  at  the  ment. 
discretion  of  the  court. 

Skc.  14.     That  whoever  shall  be  guilty  of  assaulting  any  free  white  AesftuU. 
person,  shall  suffer  fine  not  exceeding  one  hundred  dollars,  or  impris- 
onment not  exceeding  three  months,  or  both  at  the  discretion  of  the 
court. 

Sec.  1G.     That  whoever  shall  be  guilty  of  an  affray,  on  conviction  Aflfray. 
shall  be  punished  by  fine  or  imprisonment,  or  both,  at  the  discretion  of 
the  court.— Acts  of  1855,  p.  131. 

Sec.  31.     That  whoever  shall  wantonly  or  maliciously  kill  any  horse,  Malicious  killing 
mule  or  jackass,  or  any  beast  of  the  cow   or  hog  kind,  or  a  dog,  tlie  ^a^"**^'^  "^'' 
property  of  another  person,  shall  be  fined  in  a  sum  not  exceeding  two 
hundred  dollars,  or  imprisoned  not  exceeding  six  months,  and  shall  pay 
to  the  owner  the  value  of  the  animal  killed. 

Sec.  32.     That  whoever  shall,  wantonly  or  maliciously,  cruelly  beat.  Beating  or  maim' 
maim  or  disable  any  of  the  animals  specified  in  the  foregoing  section,    "^  »°'™"  ^• 
shall  be  fined  not  exceeding  one  hundred  dollars,  or  imprisoned  not 
exceeding  one  month,  and  shall  pay  to  the  owner  any  damage  he  may 
sustain  in  consequence  thereof. — Acts  of  1855,  p.  133. 

Sec.  95.  That  whoever  shall  keep  a  banking  game  or  banking  house,  Banking  games 
at  which  money,  or  any  thing  representing  money,  or  any  article  of  ^'^  ^banking 
value  shall  be  bet  or  hazarded,  or  shall  aid  or  assist  in  keeping  one, 
shall,  on  conviction,  for  the  first  ofiense,  be  fined  not  less  than  one 
thousand,  nor  more  than  five  thousand  dollars ;  and  on  conviction  of  a 
second  offense,  not  less  than  five  thousand  nor  more  than  ten  thousand 
dollars,  and  be  imprisoned  at  hard  labor  for  not  less  than  one,  nor  more 
than  five  years. 

Sec.  96.     That  the  fines  imposed  by  the  preceding  section,  shall,  j-jngg^  ^ow  dis- 
when  collected,  be  paid  one  half  for  the  use  of  the  parish  in  which  tlie  P°^®^  '^^• 
offense  is  committed,  and  the  other  half  to  the  Charity  hospital  of  New 
Orleans. 

Sec.  97.     That  all  persons  engaged  in   gambling,   where  no   current  Ganabling  with 
money  is  actually  exhibited   or  employed,   but  where,  in  lieu  thereof,  repregentativeT 
pieces  of  bone  or  any  other  material   or  substance,  being  the  represen-  of  money, 
tative  of  money,  by  virtue  of  any  express  or  tacit  understanding  among 
the  parties  engaged  in  gambling,    and   all  persons  engaged  in  playing  * 

or^betting  for  or  against  such  game,  shall  be  deemed  and  taken  to  be 
within  the  prohibitions  of  the  preceding  sections  ;  and  all  persons 
engaged  therein,  shall  be  liable  to  all  the  penalties  therein  provided 
against  gambling  houses  and  bankiog  games. 

Sec.  98.   That  it  shall  be  lawful  for  any  public  officer,  or  other  person,  Persons  offend- 
to  arrest  and  take  into  owjtody  any  person  keeping  oi*  playing  any  jjfy  ll  ^esTed. 


184  OFFENSES  AND  NUISANCES. 

banking  game,  or  aiding  or  assisting  therein,  to'gether  with  all  the 
tables,  money,  representatives  of  money,  implements  and  other  parar 
phernalia  which  may  be  used  in  keeping  such  banking  houses,  or  in 
playing  such  banking  game,  and  take,  or  cause  them  to  be  taken  before 
any  committing  magistrate,  who  shall  commit  such  persons  for  trial  if 
upon  a  hearing  there  be  sufiicient  cause  therefor. 

It  shall  be  the  duty  o^  the  officer  committing  such  offenders,  to  take 
an  inventory  of  all  money,  or  its  representative,  tables  or  other 
implements,  or  paraphernalia,  that  may  be  seized  and  brought  before 
him,  all  of  which  shall  on  conviction,  be  forefeited,  one-half  for  the  use 
of  the  charity  hospital  of  New  Orleans,  the  other  half  for  the  use  of  the 
parish  in  which  the  offense  is  committed. 
Carrying  con.  Sec.  99.     That  when  any   officer    has  good  reason  to  believe   that 

cealed  weapons.  ^^^  person  has  weapons  concealed  about  him,  on  proof  thereof  being 
made  to  any  justice  of  the  peace,  by  the  oath  of  one  or  more  credible 
witnesses,  it  shall  be  the  duty  of  such  justice  of  the  peace  to  issue  a 
warrant  against  such  offender,  and  have  him  searched,  and  should  he  be 
found  with  such  weapons,  to  bind  him  over  to  keep  the  peace  of  the 
State,  with  such  security  as  may  appear  necessary,  for  one  year ;  and 
on  his  failing  to  give  good  and  sufficient  security,  he  shall  commit  such 
offender  to  prison  for  any  time  not  exceeding  twenty  days.  He  shall 
also  be  bound  to  appear  before  the  district  court  to  answer  the  charge. 
—Acts  of  1855,  p.  145  and  14C>. 

See  generally,  Acts  of  1855.  p.  130,  893,  894,  3G8. 

DECISIONS  OP  srPRKME  COURT. 

1. — The  council  have  the  power  to  remove,  as  nuisances,  buildings, 
which  encroach  on  the  line  of  the  street,  1  M.  187  ;  and  to  abate 
nuisances,  such  as  sheds  built  upon  the  levee  or  public  grounds,  4  M. 
10  ;  and  remote  private  liospitals  when  they  become  nuisances,  5  N.  S. 
409  ;  and  to  cut  adrift  crafis  or  otherwise  remove  them  as  nuisances, 
when  they  remain  at  a  particular  portion  of  the  port  longer  than  the 
time  stipulated  by  ordinances,  8  N.  S.  549  ;  and  to  prohibit  the  sale  of 
oysters  except  at  certain  stands,  2  La.  219  ;  and  to  demolish  works  and 
buildings  in  certain  cases  when  they  are  nuisances,  C  La.  563  ;  N.  8. 
293  ;   ()  11.  K.    349. 

2. — The  power  to  abate  nuisances  is  a  portion  of  police  authority 
necessarily  vested  in  the  corporations  ef  all  populous  towns.  A  reso- 
lution of  the  council  directing  a  city  officer  to  abate  a  particular 
nuisance,  under  a  general  ordinance,  is  legal  and  cannot  be  assimilated 
to  an  ordinance  inflicting  a  fine  or  penalty  upon  a  particular  individual. 
—10  Ann.  227. 

3, — The  city  has  the  power  of  enacting  ordinances  to  prevent  nui- 
sances and  to  provide  for  the  preservation  of  public  decency.-^5  Ann. 
747. 

4. — The  fine,  which  a  municipal  corporation  is  authorized  to  recover 
for  the  violation  of  its  ordinances,  is  a  penalty  in  the  nature  of  liqni- 


OFFICES  AND  OFFICERS.  185 

dated  damages,  and  established,  as  such,  in  lieu  of  the  damages  which 
a  court  would  be  authorized  to  assess  in  place  thereof. — 4  Ann.  335. 

6. — An  ordinance  directing  a  particular  soap  factory  to  be  removed 
within  a  certain  time,  and  imposing  a  fine  on  the  parties  in  case  of 
nonremoval,  is  illegal  and  cannot  be  enforced.  The  imposition  of  fines 
must  be  by  ordinances  of  a  general  character,  operation  and  effect. — 
3  Ann.  688. 

6. — Any  work  or  establishment  which  obstructs  the  free  use,  which 
inhabitants  and  strangers  have  a  right  to  make,  of  public  places,  such 
as  roads  and  banks  of  the  river,  is  a  nuisance  and  may  be  abated  by 
the  police  authorities  of  the  place.— 4  M.  2 ;  3  La.  666 ;  6  R.  R.    349. 

7. — An  injunction  will  lie  at  the  suit  of  any  proprietor,  in  a  city,  to 
resrtain  the  erection  of  buildings  by  an  individual  on  public  places,  11 M. 
620.  An  injunction  will  issue  to  compel  the  removal  of  an  obstruction 
in  a  common  way,  7  R.  R.  442 ;  and  the  burning  of  a  kiln  may  be  pre- 
vented by  injunction. — 2  Ann.  773. 

8. — The  municipal  authority  of  the  city,  has  no  power  to  impose  a 
penalty  on  that  which  the  law  of  the  State  has  made  punishable  as  an 
offense. — 7  Ann.  651. 

9, — Individuals  have  the  right  to  sue  for  the  abatement  of  a  nuisance. 
—10  Ann.  431 ;  2  Ann.  770  ;  11  M.  620. 

10. — A  cemetery  is  not  necessarily  a  nuisance;  special  circumstances 
are  requisite  to  make  it  such. — 10  Ann.  431 ;  11  Ann.  244. 

For  other  decisions,  see  "New  Orleans,"  "Revenue,"  "Streets," 
"  Wharves." 


OFFICES  AND  OFFICERS. 


No.  552.  That  the  street  commissioner  and  all  the  police  instructions  of 
officers  of  the  city  be,  and  they  are  hereby  authorized  and  required 
to  execute  and  enforce  all  orders  and  instructions  that  may  be 
issued  to  them  respectively  by  the  board  of  health  through  its 
proper  officers,  in  pursuance  of  the  act  of  the  legislature,  approved 
15th  March  1855. 

City  Ordinance,  No.  2295. 

No.  553.     Whereas,  by  the  several  officers  of  the  city  report-  Reprrts  of  vioU. 

Til  .  1  1      •  1       i  **o"3  of  ordi- 

mg  persons  directly  to  the  assistant  attorney  to  be  sued  without  nances. 
24 


186  OFFICES  AND  OFFICERS. 

any  general  registry  of  said  suits  being  kept,  much  confusion  ex- 
ists and  is  liable  to  arise — therefore, 

Be  it  Resolved,  That  it  shall  be  the  duty  of  the  commisioner 
on  streets,  and  other  officers  of  the  city,  instead  of  reporting  per- 
sons for  violation  of  the  ordinances  directly  to  the  assistant  attor- 
ney for  suit,  to  report  the  same  to  the  comptroller,  specifying  in 
said  report  the  name  and  residence  of  the  party,  the  oifense,  and 
the  witness  by  whom  it  is  to  be  proven. 

That  it  shall  be  the  duty  of  the  comptroller  to  copy  said  report 
in  a  book  prepared  for  that  purpose,  and  as  soon  as  this  registry 
has  been  made,  to  send  a  copy  of  it  to  the  assistant  attorney,  with 
instructions  for  him  to  take  the  necessary  steps  to  see  the  ordi- 
nance enforced. 

City  Ordinance,  No.  2365. 

To  report  per  son  8      No.  554.     It  shall  be  the  duty  of  all  the  officers  of  the  city, 

without  licences.  -   ^^        n     ■,         »^  /.    /  .     .  ,  i 

and  especially  oi  the  omcers  of  the  street  commissioner  s  and  po- 
lice department,  to  report  to  the  treasurer  the  names  of  all  persons 
carrying  on  any  trade  or  profession  without  having  obtained  a 
license  therefor. 

City  Ordinance,  No.  2324. 

Paration  of  office  j^j^q.  555.  All  officers  elected  by  the  common  council,  whose 
term  of  office  is  not  expressly  provided  for  by  law,  shall  hold 
their  respective  offices  during  the  pleasure  of  the  council. 

City  Ordinance,  No.  2S47. 

Not  to  contract      jj^o.  556.     From  and  after  the  passao^e  of  this  ordinance  it 

for   or  purchase  '^  ^ 

materials.  shall  not  be  lawful  for  any  officer  of  this  city,  either  to  contract 

for  the  performance  of  any  work,  or  to  purchase  material  of  any 
description  whatever,  unless  a  special  resolution  of  the  council  be 
first  passed,  giving  authority  for  making  such  purchases  or  enter- 
ing into  such  contract,  except  in  cases  of  emergency,  which  shall 
be  reported  to  the  mayor,  who,  on  the  report  of  estimates,  etc.,  from 
the  surveyor,  shall  authorize  such  contracts  or  expenditures  to 
be  made. 

City  Ordinance,  No.  U94. 
See  No.  2.35. 


Cah  and  cartiftge  No.  557.  That  all  ordinances  and  resolutions  which  have 
been  passed  by  either  the  late  first,  second  or  third  municipalities, 
also  the  city  of  Layfayette,  allowing  public  officers  or  city  officers 


OFPICES  AND  OPFIOERS.  187 

to  employ  cabs  or  carriages  or  any  vehicle  for  the  use  of  the  city 
or  otherwise,  be  and  the  same  are  hereby  repealed. 

City  Ordinauce,No.  1355. 

No  officers  sball  insure  eto.,  gee  No.  389. 
For  bonds  aud  sureties  to  be  given,  see  page  24. 
Their  duty  relating  to  Offenses  aiid  Nuisances  ,  see  No.  659. 
See  "Salaries,"  No.  74S. 
*3ee  ''Mayorj"  -'Comptroller,"  •'Treasurer,"  etc. 


STATE  CONSTITUTION. 

Art.  90.  Members  of  the  general  assembly,  and  all  officers  before 
they  enter  upon  the  duties  of  their  offices,  shall  take  the  following  oath  or 
affirmation: 

"I,  (A.  B  )  do  solemnly  swear  (or  affirm)  ihat  I  -will  support  the  con- 
stitution of  the  United  States  and  of  this  State,  and  that  1  will  faithfully 
and  impartially  discharge  and  perform  aU  the  duties  incumbent  on  me  as 
,  according  to  the  best  of  my  abilities  and  understanding,  agreea- 
bly to  the  coustitution  and  laws  of  the  United  States,  and  of  this  State ; 
and  I  do  further  solemnly  swear  (  or  affirm  )  that  since  the  adoption  of 
the  present  constitution,  I,  being  a  citizen  of  this  State,  have  not  fought 
a  duel  with  deadly  weapons  within  this  State,  nor  out  of  it,  with  a  citi- 
zen of  this  State,  nor  have  I  sent  or  accepted  a  challenge  to  tight  a  duel 
with  deadly  weapons  with  a  citizen  of  this  State,  nor  have  I  acted  as 
second  in  carrying  a  challenge,  or  aided,  advised  or  assisted  any  person 
thus  offending,  so  help  me  God  " 

Art.  92.  Every  person  shall  be  disqualified  from  holding  any  office  of 
trust  or  profit  in  this  State,  who  shall  have  been  convicted  of  having 
given,  or  offered  a  bribe,  to  procure  his  election  or  appointment. 

Art.  93.  Laws  shall  be  made  to  exclude  from  office,  and  from  tho 
right  of  suffrage,  those  who  shall  hereafter  be  convicted  of  bribery,  per- 
jury, forgery,  or  other  high  crimes  or  misdemeanors.  The  privilege  of 
free  suffrage  shall  be  supported  by  laws  regulating  elections,  and  prohib- 
iting under  adequate  penalties,  all  undue  influence  thereon,  from  power, 
bribery,  tumult  or  other  improper  practice. 

Art.  124.  The  citizens  of  the  city  of  New  Orleans  shall  have  the  right 
of  appointing  the  several  public  officers  necessary  for  tho  administration 


*The  following  is  a  complete  list  of  City  Officers : — Mayor  and  Deputies ; 
four  Recorders  and  Deputies;  four  Assistant  Recorders;  one  Treasurer 
and  Deputies;  one  Comptroller  and  Deputies;  one  Street  Commissioner 
and  Deputies;  one  Surveyor  and  Deputies;  a  Board  of  Assessors,  and  a 
Board  of  Supervisors  of  Assessors;  City  Attorney;  City  Assistant  Attor- 
ney ;  Wharfingers  of  1st  and  4th  Districts;  Wharfinger  of  2d  and  3d  Dis- 
trict; four  Assistant  Wharfingers;  four  Pound  Keepers;  two  Secretaries 
of  Council;  Sergeant  at  Arms;  City  Porter ;  Sexton  4fh  District;  Police 
Officers;  Commissaries  of  Markets;  Harbor  Masters  and  Master  and 
Wardens  of  the  Port ;  School  Directors  and  Teachers ;  Commissioners  of 
Houses  of  Refuge  and  of  the  McDonongh  estate,  and  Officers  of  the  vVork 
House. 


188  OFPIOES  AND  OFFICERS. 

of  the  police  of  the  said  city,  pursuant  to  the  mode  of  elections  which 
shall  be  prescribed  by  the  Legislature ;  provided,  that  the  mayor  and 
recorders  shall  be  ineligible  to  a  seat  in  the  general  assembly  ;  and  the 
mayor,  recorders,  aldermen  and  assistent  aldermen  shall  be  commissioned 
by  the  go\ernor  as  justices  of  the  peace,  and  the  Legislature  may  vest  in 
them  such  criminal  jurisdiction  as  may  be  necessary  for  the  punishment 
of  minor  crimes  and  offenses,  and  as  the  police  and  good  order  of  said 
city  may  require. 

Art.  125.  The  Legislature  may  provide  by  law  in  what  case  officers 
shall  continue  to  perform  the  duties  of  their  offices  until  their  successors 
shall  have  been  inducted  into  office. 

See  Constitution,  Art.  126. 

ACTS  OF  THE  LEGISLATURE. 

Executive  power      Sec.  6.     That  the  executive  power  of  the  city  of  New  Orleans  shall 
«ciy.  -^^  vested  in  one  mayor,  four  recorders,  one  treasurer,  one  comptroller, 

one  surveyor,  one  street  commisbioner,  a  board  of  assessors,  and  a  board 
of  supervisors  of  assessments,  together  with  such  other  subordinate  offi- 
cers for  preserving  the  peace  and  good  order  of  said  city  as  the  said  com- 
mon council  may  deem  necessary. 
Qualifications  of      Sec.  7.     That  the  qualifications  of  the  mayor,  recorders,  aldermen  and 
"iderm  "'''and"'  assistant  aldermen  shall  be  the  same  as  are  required  for  members  of  the 
assistant  alder-     house  of  representatives  in  the  general  assembly  of   the  State,  and  said 
officers  shall  have  attained  the  age  of  thirty  years,  and  shall  have  been 
citizens  of  the  State  for  ten  years,  and  for  five  years  resident  of  the  city'' 
of  New  Orleans,  and,  with   the  exception  of  the  recorders,  shall   be  the 
owners  of  assessed  taxable   property  to   the  amount  of  three  thousand 
dollars  in  the  city  of  New  Orleans. 
Time  and  man-      3ec.  8.     That  the  election  of  mayor,  comptroller  and  street  commis- 
mayor  *comptro°i-  ^ioner  shall  take  place  every   two  years,  on  the  first  Monday  of  June. 
Jer,  street  com-  The  election  of  recorders  shall  take  place   every  two  years,  and  of  one 
corders  &  alder-  class  of  the  aldermen  shall  take  place  on  the  first  Monday  of  June  every 
™h°'    offic   s      year.     The  mayor,  comptroller  and  street  commissioner  shall  be  elected 
shall  entp.r  on      by  general  ticket,  the  recorders  by  district  ticket,  and  mayor,  comptroller 
and  street  commissioner,  recorders  and  aldermen,  shall  enter  upon  the 
duties  of  their  office  on  the  third  Monday  of  June  following  their  election. 
Recorders'  dis-     The  recorders'  districts  shall  be  the  same  as  provided  by  section  second 
*"°*-  of  this  act. 

Qualification  of        Sec.  10.     That  the  qualification  of  voters   for  mayor,  recorders,  al- 
^°   ^®"  dermen  and  assistant  aldermen  shall  be  the  same  as  are  prescribed  by 

the  constitution  of  the  State  for  the  election  of  representatives  in  the 
general  assembly  of  the  State.— Acts  of  1856,  pp.  137,  138. 

Oath  of  office  of      Sec.  17.     That  the  mayor  and  all  other  officers  elected  or  appointed 

m&yoT  and  other  ^^y  virtue  of  this  act  shall,  before  they  enter  upon  the  duties  of  their  said 

offices,  respectively  take  and  subscribe  the  oath  prescribed  by   article 

ninety  of  the  constitution  of  the  State,  and  also  the  further  oath  that  they 

posess  the  qualifications  prescribed  by  this  act ;  which  oath  shall  be  taken 


OFFICES  AND  OFFICERS.  189 

by  the  mayor  before  a  judge  or  justice  of  the  peace  of  New  Orleans,  and 
by  the  other  officers  respectively  before  the  mayor. 

Sec.  21.     That  no  member  of  the  common  council  shall  hold  any  other  Members  of  corn- 
employment  or  office  under  the  government  of  New  Orleans  while  he  is  a  "n"ed"tVom'hoS- 
member  of  said  council ;  and  no  member  of  the  common  council,  or  any  i"K  certain  offices 
/v.             n     1                        .                   ,            ,          ,             .,.■,.                   ,  .  and   from    being 
officer  of  the  corporation,    shall  be,  directly  or  indirectly,    interested  in  interested  as 

any  work,  business  or  contract,  the  expense   or  price  or  consideration  of  [y Vn  certairi^con- 
which  is   paid  from  the  city  treasury,  or  by  an  assessment  levied  by  an  tracts, 
ordinance  or  resolution  of  the  common  council ;  nor  be  the  surety  of  any 
person  having  a  contract,   work    or  business  with   said  city,    for  the 
performance  of  which  security  may  be  required. 

Sec.  24.     That  the  common  council  shall,    in  the  month  of  July  next,  Election  of  trea- 
and  every  two  years  thereafter,  elect,  viva  voce,  in  joint  meeting,  a  traes-  |uorDey"nd^as^ 
urer,  a  surveyor,  an   attorney,  and  one  assistant  attorney;   said  officers  sistant  attorney, 
shall  enter  upon  their  several  offices   on  the  first  Monday  of  August  fol-  When  they  shall 
lowing,  and  shall  hold  the   same  until  their  successors  are  qualified,  pro  -  ^°  ^^^°  °®°®* 
vided  that  at  the  first  election  the  comptroller  shall  be  elected  for  only  one 
year.     The  present  comptroller,  treasurer,  street  commissioner,  surveyor, 
city  attorney  and  assistant  city   attorney,  shall  hold  over  until  the  first 
Monday  in  July  next,  or  until  their  successors   are  qualified. — Acts  of 
1856,  pp.  140,  141. 

Sec.  32.     That  in  all  cases  where  the  mayor,  comptroller,  treasurer,  Officers  to  sign  in 
or  any  other  officer  of  the  city,  is  required  by  this  act  to  sign  any  account,  ^ritiog.'^'^  ^^°^' 
warrant,  order,    check,  receipt,  bond,    document,    or   other  paper,  said 
signing  shall  be  made  in  his  own  proper  hand   writing ;  and  in  no  case 
shall  said  officer  use  a  stamp,  or  types,  or  any  engraved  instrument  for 
that  purpose. — Acts  1856,  p.  146. 

Sec.  125.     That  the  common  council  shall  organize  the  departments,  Organization  of 
of  comptroller,  treasurer,  surveyor,  street  commissioner  and  city  attorney,  partmentriby  the 
regulate  the  number  of  clerks  and  other  officers  to  be  employed  by  each  common  council, 
department,    and  fix  the  salaries  of  such  clerks  and  officers  ;  said  clerks 
and  officers  shall  be    appointed  by  said  comptroller,  treasurer  surveyor, 
street  commissioner  and   city  attorney,  respectively,  by   and  with  the 
advice  and  consent  of  the  board  of  aldermen;  but  said  clerks  and  officers  Officers  may  be 
may   be   discharged    by    said   comptroller,    treasurer,    surveyor,    street  comptroUer,^etc. 
commissioner,  or  city  attorney,  respectively,  at  pleasure ;  and  in  case  of 
the  discharge  of  any   clerk   or   officer  by   said   comptroller,   treasurer, 
surveyor,  street  commissioner,  or  city  attorney,  the  fact  of  said  discharge 
shall  be   communicated  to  the  board  of  aldermen  at  its  first  meeting 
thereafter,  together  with  the  cause  thereof. 

Sec.  126.     That  the  common  council  shall  fix  the  compensation  of  the  Compensation  of 

services  of  every  officer  of  the  city  or  of  the  State,  whose  said  services  0^^^".  how 

fixed. 
are,  by  law,  to  be  paid  by  the  city  of  New  Orleans. 

Sec.  127.     That  it  shall  not  be  lawful  for  the  common  council   to  Salary  or  com- 
increase   the  salary  or  compensation  of  any  officer,  during  the  term  for  Kcm°ed?'  *° 
which  said  office  has  been  elected ;   nor  permit  the  compensation  of  any 


190  OPPICIAL  PAPER — NEWSPAPERS,  ADVERTISEMENTS,  ETC. 

salaried    officer  to   be  increased  by  allowing  iiim  any  fees  for  the  per- 
formance of  any  duty  imposed  on  him  by  this  act,  or  by   said  common 
council. 
Powpr  of  re-  Sec.  128.     That  in  addition  to  the  power  of  removal  by  -R-ay  of  im- 

peachment, the  common  council  shall  have  power  to  remove,  at  any  time, 
from  office,  any  officer  of  the  corporation,  elected   by  said   council,  by 
resolution  declaratory  of  its  want  of  confidence  in  said  officer;  provided 
that  two-thirds  of  the  members  elected  to  each  board  of  said  council  shall 
vote  in  favor  of  said  resolution. 
Who  Phnll  dip-         Sec.  129.     That  if  at  any   time  the  election   of  mayor,  or  of  one  or 
of  cify  ^offlcew'^'^  ^°''®  °^  ^^^  aldermen,  assistant  aldermen,  or  other  public  officer  of  tho 
when  the  election  city  of  Ncw  Orleans,  shall  be  annulled  orsetaside  forany  cause  whatever, 
is  8et  aside,  until  rY>  i     n  i     i 

«ucces8or8  are     the  incumbent  of  the  office  shall  nevertheless  continue  to  fulfil  its  duties 
chosen.  ^^^^^  ^  successor  shall  have  been  duly  elected  or  appointed,  and  qualified 

as  required  by  law. 
Right  to  office,        Sec.   130.     That  the  right  of  any  mayor,  recorder,  or  other  officer  of 
how  tested.  ^^^  ^j^^  ^^  ^^^  Orleans,  to  fill  the  office  held  by  him,  may  be  tested  at 

any  time,  by  any  citizen,  by  a  writ  of  quo  wairanto,  which  bhall  be  tried 

as  summarily  as  possible,  both  in  the  inferior  and  appelate  courts. 
Bond  and  Fecu-      Sec.  1B2.     That  the  common  council  of  New  Orleans  shall  have  power 
nished'by^offlcers  to  require  bond  and  security  from  all  persons  holding  any  office  of  trust  or 

emolument   in  the  city  administration,    for  such  sum   as  it  may  de^m 

proper.— Acts  of  1856,  p.  166. 

An  Act  to  prevent  Aliens  from  holding  office. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Who  may  hold  the  Slate  of  Louisiana  in  General  Assembly  convened,  That  no  person 
office.  gjjj^n  y^Q^^  j^^y  office,  either  civil  or  military,   within  the  State,  unless  he 

be  a  native  or  naturalized  citizen  of  the  United  States. — Acts  of  1855, 

page  36. 

See  Acts  of  1855,  page  350,  and  page  326. 


OFFICIAL    PAPER— NEWSPAPERS,    ADVERTISE- 
MENTS  AND  CITY  PRINTING. 

An  Ordinance  concerning  the  official  journal,  fixing  the  time  for  electing 
and  regulating  the  printing  to  be  done  by  said  official  journal. 

Official  journal        No.  558.     (1.)     Be  it  ordained,  That  the  common  council 

anaua  y  ^^  ^^^  ^^^^  ^^  ^^^  Orleans  shall  annually,  in  joint  session,  by 

viva  voce  vote,  in  the  month  of  July,  elect  an  official  journal, 

which  journal  shall  be  a  newspaper  published  at  least  six  times  a 

week  in  the  city  of  New  Orleans. 


OFFICIAL  PAPER — NEWSPAPERS,  ADVERTISEMENTS,  ETC.  191 

No.  559.    (2.)  In  said  official  journal  shall  be  published  all  ordi-  what  published, 

.  .  Ill  Ml  compensatioD, 

nances  and  resolutions  passed  by  the  common  council,  the  pro-  etc. 
ceedings  of  each  board,  except  secret  proceedings,  all  printing 
emanating  from  the  mayor,  comptroller,  treasurer,  street  com- 
missioner, recorders,  surveyor,  committees  of  the  common  coun- 
cil, notices  to  delinquent  tax  payers  made  by  the  clerks  of  the 
district  courts,  justices  of  the  peace  and  recorders,  notices  of 
election  by  the  sheriff  of  the  parish  of  Orleans,  or  by  the  mayor 
of  the  city,  or  from  all  and  every  other  officer  of  the  city,  print- 
ing for  the  board  of  commissioners  for  whose  bills  the  city  is 
liable,  and  all  petitions  addressed  to  either  boards  by  parties 
praying  for  the  opening  or  widening  of  streets,  making  new 
banquettes,  paving,  etc.,  as  required  by  sections  119,  120,  and 
121  of  the  city  charter;  also,  all  notices  or  publications  emana- 
nating  from  the  board  of  assessors  and  supervisors,  and  all  other 
publications  or  notices  that  may  be  required  by  the  common 
council,  or  which  by  law  are  required  to  be  made  in  the  official 
journal  of  the  city,  except  the  board  of  public  schools,  who  are 
authorized  as  far  as  it  is  in  the  power  of  the  common  council  to 
authorize  them,  to  contract  or  bargain  for  their  own  printing;  it 
shall  include  all  printing  of  whatever  kind  that  is  to  be  done  in 
one  or  more  newspapers,  and  payment  thereof  shall  be  a  finality 
and  settlement  in  full  of  all  bills  for  all  the  printing  done  for 
the  year  for  which  said  journal  is  chosen,  except  the  printing  of 
forms  and  blanks,  which  is  made  the  subject  of  another  contract. 
And  for  the  publishing  of  all  of  the  above,  the  said  journal  shall 
be  entitled  to  twenty  cents  per  square  of  ten  lines  nonpareil  type. 

No.  560.  (3.)  The  newspaper  chosen  as  the  official  journal  NoHce  of  accept, 
shall  be  bound,  if  it  accepts  the  appointment,  to  give  due  notice  °°*^** 
thereof  to  the  mayor  within  two  days  after  notification  of  the 
same. 

(4.)  All  officers  and  boards  of  commissioners  having  matter 
to  be  printed  under  the  class  mentioned  in  section  second  of  this 
ordinance,  are  directed  to  hand  the  same  into  the  office  of  the 
comptroller,  there  to  be  comptrolled  and  registered;  and  it  is 
hereby  mad<^  the  duty  of  said  comptroller  to  register,  approve 
and  take  account  of  the  same  under  such  rules  and  regulations 
as  may  from  time  to  time  be  imposed  by  the  common  council  or 
committees  on  finance.  And  the  city  is  hereby  declared  not  to 
.be  liable  for  any  bills  for  newspaper  printing,  unless  they  are  so 
comptrolled  and  registered,  except  such  as  emanate  from  the  sec- 
retaries of  boards  of  aldermen  and  assistent  aldermen^ 


192  OFFICIAL  PAPER — NEWSPAPERS,  ADVERTISEMENTS,  ETC. 

Bond  &  security.  No.  561.  (5.)  The  official  journal  elected  under  the  first  sec- 
tion of  tliis  ordinance  shall  furnish  bond  and  security  in  the  sum 
of  five  thousand  doJlars  for  the  faithful  performance  of  its  con- 
tract, and  all  payments  for  printing  done  by  the  official  journal 
shall  be  made  monthly. 

Proceedings  of         No.  562.  (6.)     That  it  shall  be  the  duty  of  the  printer  to 

the  council  when  ,  ^     -^       ,  *'  ^ 

published.  publish  the  proceedings  of  the  common  council  within  forty-eight 

hours  after  said  proceedings  shall  have  been  delivered  to  him  by 
the  secretaries  of  each  board. 

City  Ordinance,  No.  2866.    ApproTed  July  10th,  1856. 

Advertisements.  No.  563.  From  and  after  the  passage  of  this  resolution,  the 
city  of  New  Orleans  will  not  pay  for  advertisements  published  in 
any  other  newspaper  than  the  official  journal,  except  such  as  the 
law  requires  should  appear  in  more  than  one  paper. 

City  Ordinance,  No.  1220. 

What  to  be  pub-      No.  564.     The  proceedings  of  each  board  shall  consist  of  a 

lished  as  proceed-  , .  ^     ,  , 

ings  of  council,  list  01  the  members  present,  account  of  the  contents  of  the  com- 
munications of  the  city  officers,  an  abstract  of  all  reports  of  com- 
mittees, and  a  condensed  statement  of  the  substance  of  petitions 
presented — except  when  such  are  ordered  to  be  published  at 
length — resolutions  and  ordinances  offered  and  adopted,  and  the 
ayes  and  nays  thereon,  with  the  names  of  the  members  voting 
for  or  against,  when  the  same  shall  contemplate  any ,  specific 
improvement  or  work,  or  the  sale,  disposition  or  appropriation  of 
public  property  or  the  expenditure  of  public  moneys  or  incomes 
therefrom,  or  lay  any  tax  or  assessment;  provided,  that  when 
any  report,  petition  or  communication  be  made  in  duplicate  to 
the  board  of  aldermen  and  assistant  aldermen,  and  the  substance 
of  the  same  be  made  public  in  the  proceedings  of  the  board  first 
taking  cognizance  of  the  same,  it  shall  not  be  published  in  the 
proceedings  of  the  other,  except  by  special  order,  but  be  referred 
to  as  published  in  the  proceedings  of  —  board  of  —  date. 

City  Ordinance,  No.  4474,     Section  3. 

Election  &  legal  No.  565.  From  and  after  the  passage  of  this  ordinance  it 
shall  be  the  duty  of  the  sheriff  to  advertise  all  election  or  other 
notices  in  the  official  journal  only,  and  that  this  ordinance  shall 
also  apply  to  all  the  city  officers,  and  shall  comprehend  all  kinds 
of  advertising  for  which  the  city  may  be  held  liable. 

City  Ordinance,  No.  2221. 

Blanks,  job  print.  No.  566.  (1.)  From  and  after  the  passage  of  this  ordi- 
nance, it  shall  be  the  duty  of  the  comptroller  of  the  city,  on  the 


notices. 


ing,  etc. 


OFFICIAL  PAPER — NEWSPAPERS,  ADVERTISEMENTS,  ETC.  193 

4tli  Monday  of  April  of  each  year,  to  adjudicate  at  public  auction 
and  to  the  lowest  bidder,  the  contracts  for  furnishing  printed 
forms  and  blanks,  and  for  job  printing  required  by  the  various 
departments  and  officers  of  the  city  government,  after  giving 
notice  of  such  adjudication  in  the  official  journal  of  the  common 
council  during  five  days  previous  thereto ;  and  that  the  said  con- 
tracts shall  be  divided  as  hereinafter  provided. 

No.  567.  (2.)  That  the  first  contract  shall  be  for  the  print-  Nature  of  con- 
ing  and  furnishing  of  all  forms,  blanks  and  other  job  printing 
which  may  be  required  by  each  of  the  recorders  of  the  city,  in 
the  discharge  of  the  duties  of  his  office ;  that  the  second  con- 
tract shall  be  for  the  printing  and  furnishing  of  all  forms,  blanks 
and  other  job  printing  which  may  be  required  by  the  treasurer, 
comptroller,  surveyor  and  street  commissioner  in  the  discharge  of 
the  duties  of  their  offices;  and  that  the  third  contract  shall  be  for 
the  printing  and  furnishing  of  all  forms,  blanks  and  job  print- 
ing which  may  be  required  by  the  mayor,  the  several  boards  of 
school  directors,  and  by  any  and  all  other  officers  and  employees 
of  the  city  government  in  the  discharge  of  the  duties  of  their 
offices,  unless  otherwise  specially  provided  for. 

No.  568.  (3.)  That  it  shall  be  the  duty  of  the  comptroller  Comptroller's 
to  obtain  from  each  of  the  aforesaid  officers,  boards  and  em-  ^  ^' 
ployees,  as  far  as  practicable,  correct  copies  of  all  such  blanks, 
forms  and  other  matter  to  be  printed,  as  may  be  required  in  the 
duties  of  their  several  offices ;  and  that  said  copies  shall  be  ex- 
posed in  his  office  for  examination  and  inspection  by  all  persons 
who  may  desire  to  bid  for  said  contracts,  during  the  time  of 
the  publication  of  said  notice. 

No.  569.  (4.)  That  separate  bids  shall  be  made  for  each  of  Thobida 
said  contracts;  and  that  the  bids  shall  be  for  the  price  per  ream 
at  which  each  and  every  size  of  the  blanks,  forms,  and  other 
printed  matter  Required  in  said  contracts,  will  be  furnished  and 
printed  by  the  party  bidding;  and  that  the  party  to  whom  any 
one  of  said  contracts  may  be  adjudicated  shall  forthwith  furnish 
good  and  sufficient  surety,  to  be  approved  by  the  finance  com- 
mittees of  the  common  council,  in  the  sum  of  $2,000,  for  the 
faithful  performance  of  the  contract. 

No.  570.     (5.)   That  immediately  after  the  final  passage  and  Printing  for  1868. 
publication  of  this  ordinance,  the  comptroller  shall  proceed  to 
25 


194  OmCIAL  PAPER,  ETC. 

sell,  after  advertising,  during  five  days,  the  contracts  for  the 
printing,  etc.,  as  hereinbefore  provided,  for  the  year,  to  end  on 
the  4th  Monday  of  April,  1863. 

Duty  of  certain  No.  571.  (6.)  It  shall  be  the  duty  of  the  four  recorders  and 
the  four  superintendents  of  the  public  schools,  to  confer  with  the 
comptroller  previous  to  ordering  the  blanks,  etc.,  so  that  there 
shall  be  uniformity  in  said  blanks  throughout  the  departments 
mentioned  in  this  article. 

City  Ordinance,  No.  19.    Approved,  8th  May,  1852. 

Newspapers.  No.  572.     (1.)   One  copy  of  each  newspaper,  published  in 

the  city  of  New  Orleans,  shall  be  furnished  to  the  mayor's  office, 
board  of  aldermen  and  board  of  assistant  aldermen,  and  that  it 
shall  be  the  duty  of  the  secretaries  of  said  offices  to  keep  said 
newspapers  regularly  on  file  as  part  of  the  public  archives  of  the 
city. 

Newspapers.  No.  573.     (2.)    The  official  journal  only  shall  be  furnished  to 

each  officer  in  the  city  hall;  all  said  papers  to  be  chargeable  to 
the  city ;  and  that  all  ordinancas  or  resolutions,  regulating  the 
number  of  papers  which  shall  be  supplied  to  the  various  offices, 
be  and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  2267. 

Prencii  and  En-      No.  574.     That  all  noticcs  and  advertisements  of  ev6ry  kind, 

ghsh  notices.       required  to  be  published  in  French  and  English,  emanating  from 

either  department  of  the  city  government,  shall  be  furnished  by 

said  department  in  manuscript  in  French  as  well  as  in  English, 

to  the  official  journal,  or  such  paper  as  they  be  published  in. 

City  Ordinance,  No.  806.    Approved,  18th  April,  1863. 

For  keeping  of  papers  as  archives,  see  No.  2. 
Selling  obscene  and  libellous  papers,  see  No.  534. 
For  paving  petitions,  see  No.  193. 


STATE  CONSTITUTION. 

Art.  106.  The  press  shall  be  free.  Every  citizen  may  freely  speak, 
write  and  publish  his  sentiments  on  all  subjects  ;  being  responsible  for 
an  abuse  of  this  liberty. 

See  act  1855,  page  47,  section  19. 


OEDINANOES.  195 

ORDINANCES. 

No.  575.     (1.)  That  Henry  J.  Leovy,  Esq.,  be  and  lie  is  Appointment  of 
hereby  authorized  and  empowered  to  print  and  publish  in  book  ' 

form,  the  general  ordinances  of  the  city  of  New  Orleans,  after  his 
jprojet  of  the  same  shall  be  submitted  to  and  adopted  by  the 
finance  committees  of  the  common  council.  That  the  work  shall 
be  alphabetically  arranged  with  marginal  and  reference  notes  and 
a  full  index,  together  with  the  decisions  of  the  supreme  court  and 
existing  statutes  pertaining  to  the  city  government. 

No.  576.     (2.)  That  where  he  shall  discover  conflicting  ordi-  To  frame  ordi- 
nances on   the   same  subject-matter,   he   shall   frame   uniform 
ordinances  and  submit  them  to  the  finance  committees  for  the 
action  of  the  common  council. 

No.  577.     (3.)  That  for  the  said  service  the  city  shall  pay  the  compensation  for 
said  H.  J.  Leovy,  the  sum  of  five  hundred  dollars.  J^^^jjs  ordi- 

No.  578.  (4.)  That  the  city  shall  not  be  responsible  for  copies  to  be 
printing,  binding,  or  for  any  other  expenses  connected  with  the  c?ty!^  ^ 
publication  of  the  said  work  beyond  the  sum  aforesaid,  but  the 
city  binds  itself  to  take  for  its  own  use,  three  hundred  copies  of 
the  said  work  at  five  dollars  a  copy,  when  the  same  shall  have 
been  fully  completed,  printed  and  bound  in  the  manner  aforesaid, 
and  on  delivery  to  the  comptroller. 

Amended.    See  No.  579. 

(5.)  That  the  printing  and  binding  of  said  general  ordinances  Printing,  etc. 
shall  be  done  in  accordance  with  specimens  of  said  work  to  be 
furnished  by  the  committees  on  finance  of  the  common  council. 

City  Ordinance,  No.  2950.    Approved  August  2d,  1856. 

No.  579.  Resolved,  That  section  4th  of  ordinance  No.  2950,  Amending  No 
relative  to  revising  and  publishing  the  ordinances,  be  amended  so  ^'^^' 
as  to  read  as  follows  : 

That  the  city  shall  not  be  responsible  for  printing,  binding,  or 
for  any  other  expenses  connected  with  the  publication  of  the  said 
work  beyond  the  sum  mentioned  in  section  3d;  but  the  city  binds 
itself  to  take  for  its  own  use  five  hundred  copies  of  the  said  work, 
at  five  dollars  a  copy,  when  the  same  shall  have  been  fully  com- 
pleted and  bound  as  required  by  ordinance  No.  2950,  and  on 
delivery  to  the  comptroller. 

City  Ordinance,  No.  3200. 


196  ORDINANCES. 

Repeal  of  certain  No.  580.  That  all  resolutions  of  tlie  three  municipalities  of 
New  Orleans^  and  of  the  late  city  of  Lafayette,  and  of  the  consoli- 
dated city  of  New  Orleans,  approved  prior  to  the  first  of  January, 
1855,  appropriating  money,  are  hereby  repealed.  Provided  that 
nothing  herein  contained  be  construed  to  impair  the  validity  of 
contracts  entered  into  by  the  city. 

City  Ordinance,  No.  1986.    Approved  Feb.  7th  1855. 

The  Mayor  to  Bend  copies  of  ordinance  to  persons  interested,  see  No.  486. 

ACTS  OF  THE  LEGISLATURE. 

Veto  power  of         Sec.  27.     That  all  ordinances  and  resolutions,   after  having  been 
mayor.  passed  by  both  boards  of  the  comn-on  council,  shall  be  transmitted  to 

the  mayor  for  his  consideration,  who,  if  he  shall  approve  thereof,  shall 
sign  and  publish  the  same  ,  and  such  ordinances  and  resolutions  shall 
thereupon  have  the  force  of  law.     But  if  the  said  mayor   shall   disap- 
prove of  any  ordinance  or  resolution  transmitted  to  him  as  aforesaid, 
he  shall,  within  five  days  from  the  time  he  received  it,  return  the   same 
to  the  board  in  which  it  originated,  with  his  objections  in  writing,  and  if 
Powerofcommon  two  thirds  of  the  members  elect  to  each  board  shall  adhere  to  said  ordi- 
ordioances  and    nance    or  resolution,    notwithstanding   said  objections,  then,  and  not 
wUhS,andiD^^°ob-  Otherwise,    the   said   ordinance  or  resolution   shall  after  publication 
jections    of   the  thereof,  have  the  force  of  law;  provided,  always,  that  if  the  said  mayor 
^  '^'  shall  not  return  any  ordinance   or  resolution,    transmitted  to   him   as. 

aforesaid  by  said  common  council,  within  five  days  after  it  shall  have 
been  received  by  him,  then  he  shall  be  deemed  to  have  approved  the 
same  and  it  shall  have  the  same  force  and  effect  as  if  approved  and 
signed  by  him. — Acts  of  1856,  p.  142. 

All  violations  of      Sec.  108.     That  each  and  every  violation  of  this  act,  or  of  any  ordi- 

d?nances°of  ^tb'e  nance  or  resolution  of  the  common  council  of  the  city  of  New  Orleans, 

common  council  -which  shall  subject  the  person  so  violating  the  same,  to  a  fine  or  penalty, 

ties  to  fine,  to  he  shall  be  reported  by  any  officer  of  said  city,  or  by  any  resident  of  said 

trolle?'^  ^"^  ^^'"^   city,  to  the  comptroller  of  said  city  ;  and  said  comptroller  shall  make 

Said   fines,  how  out  a  bill  for  said  fine  or  penalty,  and  shall  note  the  same  in  a  book 
procG^d^d    "witli 

kept  for  that  purpose  ;  and  shall  deliver  said  bills  to  the  treasurer ;  and 

the  same  shall  be  charged  to  said  treasurer  on  the  books  of  the  comp- 
troller, as  cash  received  by  said  treasurer,  to  be  accounted  for  by  him. 
Said  treasurer  shall  deliver  said  bills  to  the  assistant  city  attorney,  and 
take  said  attorney's  receipt  therefor.  And  the  assistant  city  attorney 
shall  not  bring  suit  for  any  fine  or  penalty  incurred  by  any  person  or 
persons,  as  aforesaid,  except  upon  a  bill  therefor,  delivered  to  him  by 
said  treasurer. — Acts  of  1856,  p.  160. 

DECISIONS  OF  THE  SUPREME  COURT. 

1. — By-laws  and  ordinances  of  a  municipal  corporation  are  not  to  receive 
the  same  strict  scrutiny  as  penal  statutes,  where  they  inflict  fines 
as  penalties  for  their  contravention.     The  fines,  which  a  municipal 


ORDINANCES.  197 

corporation  is  authorized  to  recover  for  the  violation  of  its  ordinances,  is  a 
penalty  in  the  nature  of  liquidated  damages,  and  established  as  such  in 
lieu  of  the  damages  which  a  court  would  be  authorized  to  assess  in  place 
thereof.— 4  Ann.  335. 

2. — An  ordinance  imposing  a  fine  ia  a  penal  enactment,  and  must  be 
general  in  its  operation.  It  may  impose  fines  on  persons  carrying  on 
offensive  trades  in  a  certain  street  or  suburb,  where  they^  would  be 
injurious  to  the  public  health  ;  but  an  ordinance  designating  one  indivi- 
dual, or  one  establishment,  and  subjecting  the  owners  to  punishment,  is 
contrary  to  common  right. — 4  Ann.  30. 

3. — But  a  resolution  of  a  common  council  directing  a  city  officer  to 
abate  a  particular  nuisance  under  a  general  ordinance,  is  legal,  and 
cannot  be  assimilated  to  an  ordinance  inflicting  a  fine  or  penalty  upon 
a  particular  individual. — 10  Ann.  227. 

4. — The  common  council  is  fully  empowered  to  enact  ordinances  and 
adopt  measures  of  police,  for  preserving  the  health  and  promoting  the 
comfort,  convenience  and  general  welfare  of  the  inhabitants. — 10  Ann.  227. 

6. — The  council  elected  for  1851,  was  incompetent  to  impose 
a  tax  for  a  past  year.  The  statute  of  18th  March,  1850.  designed  that 
the  taxing  power  of  the  council  should  be  exercised  prospectively.  A 
by-law  of  a  corporation,  which  is  contrary  to  a  law  of  the  State,  is  void  ; 
where  the  law  enables  a  corporation  to  make  by-laws  in  certain  cases 
and  for  certain  purposes,  its  power  of  legislation  is  limited  to  the  cases 
and  objects  specified,  all  others  being  excluded  by  implication. — 
9  Ann.  44. 

6. — The  ordinance  of  19th  March,  1834,  which  makes  it  unlawful 
"  to  build  any  stable,  etc.,"  in  the  interior  of  the  city,  or  any  of  the 
incorporated  suburbs,  cannot  be  construed  to  apply  to  such  additions  to 
the  limits  of  the  city  as  subsequent  legislation  might  make. — 9  Ann.  223. 

7. — It  is  no  objection  to  the  validity  of  an  ordinance  containing  a 
prohibition  and  attaching  a  penalty  to  its  violation,  that  it  purports  by 
its  terms  to  be  a  resolution. — 4  Ann.  336. 

8.-r-An  ordinance  of  the  city  directing  a  sale  under  the  mayor's  order, 
of  all  property  remaining  on  the  levee  a  longer  time  than  is  authorized 
by  the  police  regulations,  is  unconstitutional  and  void  ;  and  so  is  the 
statute  of  6th  March,  1834,  authorizing  the  municipal  government  to 
pass  such  an  ordinance. — 4  La.  97;  4  La.  98;  15  La.  129. 

9. — Ordinances  imposing  fines  on  the  owners  of  animals  found  astray, 
are  legal  exercises  of  the  power  vested  in  the  council. — 1  Ann.  385. 

10. — Ordinances  imposing  fines  on  persons  selling  groceries  in  certain 
market  houses,  are  neither  illegal  nor  unconstitutional. — 4  Ann.  278 
and  336. 

For  other  decisions  see  **New  Orleans,"  page  165  ;  Ofi'enses  and 
Nuisances,  page  184;  and  ^'Revenue.'* 


198  ORPHANS — ^PHYSICIANS — CITY. 

ORPHANS. 

Mayor's  duty.  No.  581.     That  the  mayor  be,  and  he  is  hereby  authorized  to 

cause  to  be  taken  care  of,  at  the  expense  of  the  city,  all  such 
orphan  children  and  foundlings  found  within  the  city,  as  may  be 
in  destitute  circumstances — at  the  lowest  possible  price,  until  such 
time  as  said  children  can  be  otherwise  provided  for. 

City  Ordinance,  No.  420. 

See  Houses  of  Eefuge,  page  131. 


PHYSICIANS— CITY. 


Common  council      No.  582.     (1.)  There   shall   be   appointed   by  the    common 

0  appom  .  council  of  Ncw   Orleans,   two   physicians,  to   be  called  the  city 

physicians,  whose  duty  it  shall  be  to  attend  to  all  the  prisons, 
workhouses,  houses  of  refuge,  jails  of  this  city;  one  shall  attend 
in  the  first  and  fourth  districts,  and  the  other  in  the  second  and 
third  districts. 

Their  duties.  No.  583.     (2.)  It  shall  be  the  duty  of  said  physicians  to  visit, 

at  least  once  every  day,  all  the  workhouses,  jails,  etc.,  and  attend 
any  patient  or  patients  in  the  prisons,  and  continue  so  to  do  as 
often  as  necessary,  when  called  upon  in  their  respective  districts. 

Their  duties.  No.  584.     (3.)  In   addition  to  the  duties,  they  shall  act  as 

expert  physicians  to  the  coroner,  each  in  their  respective  districts. 

Their  duties.  No.  585..    (4.)  They  shall  both  visit  the  public  schools  once 

in  each  week,  in  order  to  vaccinate  the  children,  under  the  direc- 
tion of  the  visiting  committees  of  the  respective  schools. 

Absence,  etc.,  of  No.  586.  (5.)  In  casc  of  the  absence  or  illness  of  either 
physician,  the  other  shall  attend  to  his  duties  as  long  as  it  may 
be  necessary;  should  it  not  be  possible  for  one  to  attend  to  the 
duties  of  both,  the  health  committee  may  appoint  an  assistant 
physician  for  the  time  required,  whose  compensation  shall  be  five 
dollars  par  day  for  the  first  fifteen  days,  and  two  dollars  for  every 
subsequent  day  he  is  employed,  to  be  paid  by  the  city  treasurer, 
provided  the  regular  physician  is  ill,  or  absent  with  leave  of  the 
health  committee ; — if  not,  saidassistant  physician  must  receive 
his  compensation  from  the  physician  whose  duty  he  fulfills. 

Their  prescrip-  No.  587.  (6.)  They  shall  each  day  register,  in  a  book  kept 
for  that  purpose  in  each  prison,   workhouse,   etc.,  all  their 


either  physician. 


tions. 


PILOTS.  199 

prescriptions,  with  the  name  or  number  of  each  patient,  from 
which  book  the  orders  shall  be  executed  by  the  nurses  or 
keepers. 

No.  588.     (7.)  The  medicines  shall  be  ordered  and  inspected  Medicine, 
by  the  physicians  in  their  respective  districts,  who  shall  approve 
the  bills  for  the  same  before  payment  can  be  made. 

No.  589.     (8.)  The  physicians  shall  have  the  power  to  re-  Contagious 
move  any  prisoners  attacked  with  any  contagious  disease,  to  some 
place  selected  by  themselves,  and  treated  at   the  expense  of  the 
city. 

No.  560.     (9.)  The  salary  of  each  physician  appointed  under  Their  salary, 
this  ordinance  shall  be  twelve  hundred  dollars  per  annum,  pay- 
able monthly  by  the  city  treasurer. 

No.  561.     (10.)  The  common  council  reserves  to  itself  the  Right  to  remove 
right  of  dismissing  either  or  both  of  the  physicians  at  will. 

City  Ordinance,  No.  49.    Approved  5th  June,  1852. 

No.  562.     It  shall  be  the  duty  of  the  physician  of  the  police  Their  duties  to 
jail,  to  visit  the  insane  confined  therein  at  least  once  a  day,   and  ^°®*"®  ^^^^ 
when  any  of  their  number  shall  have  sufficiently  recovered,  that 
he  be  authorized  to  issue  an  order  for  the  discharge  of  such 
person. 

City  Ordinance,  No.  1368. 


PICKERIES.— See  "Cotton  Presses/'  No.  245. 


PILOTS. 


ACTS  OF  THE  LEGISLATURE. 

An  Act  relative  to  Pilots. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in   General  Assembly  convened,  That  the  Govern-  puots  to  be  ap- 
or  shall  appoint  not  less  than  sixty-five  nor  more  than  seventy-five  branch  ^^^ernor!'^    *^^ 
pilots  for  the  port  of  New  Orleans,  not  more  than  six  for  the  Atchafalaya 
bay  and  river,  and  one  or  more  for  the  Sabine  river.     No  person  shall  be  Qualifications, 
appointed  unless  he  be  a  qualified  voter,  and  until  he  be  examined  by  a 
board  of  examiners  and  recommended  by  the  board,  as  qualified  to  be  a 
branch  pilot,  to  the  governor. 

Sec.  2.     That  two  boards  of  examiners  shall  be  appointed  by  the  Gov-  Board   of  exam- 
emor  every  two  years,  to  be  composed  of  three  persons  each,  to  be  i'lerB. 


200  PILOTS. 

selected  from  the  branch  pilots.     One  of  said  boards  shall  be  for  the  port 
of  New  Orleans,    and  the  other  for  the  Atchafalaya  bay  and  river.    The 
governor  shall  have  power  to  fill  all  vacancies. 
Bonds  to  be  Sec.  3.     That  every  branch  pilot,  before  he  takes  upon  himself  the 

givea     y  pi  o  s.  gj^g^.^^^Qjj  ^f  jjjg  (j^ties,  shall  give  bond  to   the  Governor  of  this  State, 
with  two  sufficient  securities,  in  the  sum  of  one  thousand  dollars,  to  be 
approved  of  by  the  master  and  wardens  in  New  Orleans,  or  by  the  recor- 
der of  mortgages  of  the  parish  of  St.  Mary. 
Boats  to  be  Sec.  4.     That  every  branch  pilot  of  the  port  of  New  Orleans  shall  be 

by  pilots  of  the  owner  or  part  owner  of  at  least  one-decked  pilot  boat,  of  not  less  than 
leans^*  ^^^  ^'^  thirty  feet  keel,  and  he  shall  keep  such  boat  exclusively  employed  as  a 
pilot  boat.  Every  such  branch  pilot,  not  owning  or  employing  a  pilot 
boat  as  aforesaid,  shall  be  suspended  from  his  ofiice  by  the  master  and 
wardens  of  the  port,  and  they  shall  report  the  case  to  the  governor,  who 
may  withdraw  the  commission  or  license  of  such  branch  pilot,  if,  in  his 
opinion,  circumstances  require  such  removal. 
Boats  to  be  Sec.  5.     That  every  branch  pilot  for  the   Atchafalaya  bay  and  river, 

for^the  Atcbafa-  shall  be  owner  or  part  owner  of  at  least  one-decked  pilot  boat,  of  not  less 
laya  bay   and     ^^j^g^j^  thirty  feet  keel,  and  eight  feet  beam,    and  keep  her  exclusively 
employed  as  a  pilot  boat,  at  least  from  the  first  of  October  until  the  first 
of  June  in  each  year.     The  violation   of  this   section   shall  subject  the 
offender  to  fifty  dollars  fine  for  each  oflFense. 
Penalty    for  Sec.  6.     That  if  any  person  not  appointed  a  branch  pilot  shall  pilot 

^o^nted  pUots  pi-  ^^y  ^^^V  or  Other  vessel  when  a  branch  pilot  offers,  he  shall  forfeit  and 
loting  vessels.      pay  to  the  branch  pilot  the  sum  of  thirty  dollars,  or  in  default  thereof  be 

condemned  to  seven  days'  imprisonment. 

Pilots  to  exhibit      Sec.  7.     That  every  person  offering  to  pilot   a  ship   or  other  vessel 

their  license.         ghall,  if  required,    exhibit  to   the  commander  of  the  ship  or   vessel  his 

license   as   pilot ;  and  upon  his   refusing   or  neglecting  to  do  so  when 

demanded,  he  shall  not  be  entitled  to  any  remuneration  for  any  service  he 

may  render  as  pilot. 

Pees.  Sec.  8.     That  the  pilots  of  the  port  of  New  Orleans  shall  be  entitled 

to  ask  and  receive  pilotage   at  the  rate  of  two  dollars  and  fifty  cents  for 

every  foot  drawn  by  any  ship  or  vessel  piloted  by  them  drawing  ten  feet 

water  or  less,    and  three  dollars  and  a  half  per  foot  for  every  ship  or 

vessel  piloted  by  them  drawing  more  than   ten  feet  water.     Vessels  of 

one  hundred  and  fifty  tons  and  under,  from  Louisiana,  Texas,  Alabama 

and  Florida  shall  come  in  and  go  out  free. 

Duty  of  pilots.         Sec.  9.     That  it  shall  be   the  duty  of  pilots  to  pilot,  when  required, 

all  inward  bound  vessels  from  outside  of  what  is  commonly  called  the 

point  of  the  main  reef,  to  the  mouth  of  the   Atchafalaya  river,  and  all 

outward  bound  vessels  from  the  said  river  outside  of  the  reef;  and  the 

j-ggg^  pilots  shall  be  entitled  to  demand  and  receive  three  dollars  and  fifty  cents 

per  foot,  that  any  vessel  may  draw,  under  eight  feet :  for  each  foot  over 

eight  feet,  four  dollars  ;  the  part  of  a  foot  in  like  proportion.    All  vessels 

refusing  a  pilot,   other  than  those  trading  within  the  State  of  Louisiana, 

ghall  pay  half  pilotage,  both  inward  and  outward  bound,  provided  they 

shall  be  spoken  by  a  branch  pilot  when  inward  bound,  outside  of  the 


PILOTS.  201 

reef,  and  all  (^tvrard  bound  vessels  between  Berwick's  bay  and  the  mouth 

of  the  Atchafalaya  river. 

Sec.  10.     That  any  pilot,  piloting  any  vessel  safe  from  sea,  shall  have  Right  given  to 

the  exclusive  right  to  pilot  such  vessel  to  sea  again ;  provided  he  gives  P^g^'^f  JJ  p^fot**^ 

satisfaction  to  the  master  on  coming  in,  and  be  in  readiness  and  offer  bis  -resseis  to  sea 

agaia. 

services  before  the  vessel  gets  below  Shell  Island  and  the  Atchafalaya 

river. 

Sec.  11.     That  whenever  any  branch  pilot  shall,  when  practicable,  re-  Penalty  incurred 

fuse  or  neglect  to  go   on  board  any  ship  or  other  vessel,  when  called  by  ^l ^nlg?ecaDg'in 

signal,  or  otherwise,  he  shall  lose  his  commission,  and  be  forever  incapa-  certain  cases  to 

go  on  board 
ciated  from  being  commissioned  as  pilot,   and  shall  moreover  be  liable  to  vessels. 

be  fined  in  the  sum   of  five  hundred  dollars,  in   default  ot  the  payment 

whereof,  he   shall   suffer   imprisonment  for  a  time  not  less  than  three 

montbs  nor  more  than  six  months. 

Sec.  12.     That  the  pilots  of  the  port  of  New  Orleans  shall  have  the  Power  to  appoint 
power  to  appoint  whomsoever  they  shall  think  proper,  as  their  agent,  to 
collect  the  amount  due  for  pilotage. 

Sec    13.     That  the  masters  and  wardens  of  the  port  of  New  Orleans,  Power  of  the 

•ii    ..1  .      /.    ,      ^  /.    ,       «  ,  II  1   Mnster  and  War- 

with  the  consent  of  the  Governor  of  the  State,  may  make  such  rules  and  ^ws  to  establish 
orders  for  the  better  government  of  the  pilots  as  they  shall  deem  proper,  '^"^^^• 
and  the  same  Irom  time  to  time  revoke  or  amend;  and  impose  fines  for 
contravention   of  such  rules  and  regulations.     The  fines  thus  imposed 
shall  in  no  c  tse  exceed  the  sum  of  one  hundred  dollars. 

Sec.  14.     That  no  license  shall  be  granted   to  any   person  to  keep  a  Reommendaticn 

1  ,  .,,.      ■,    ,  .  .  »        ,  ,•  by  bvancli   pilots 

tavern,  grog  shop,  billiard   house,  or  any  other   house  of  public  enter-  i^  certain  cases. 

taiument  at  the  Balize,  the  Southwest  Pass,  or  any  other  station  for 
pilots,  nor  within  three  miles  from  such  station,  unless  the  person  apply- 
ing for  such  license  shall  be  recommended  in  writing  by  a  mfijority  of 
the  branch  pilots.  Any  person  keeping  any  public  house  as  aforesiiid,  at  PenaUy  for  keep- 
any  of  the  places  aforementioned,  without  a  license,  shall  pay  a  fine  of  wUhout  license, 
fitty  dollars  for  each  and  every  week  such  house  shall  be  kept,  and  more- 
over be  obliged  to  shut  up  or  remove  such  public  house. 

Nothing  in  this  section  shall  be  so  construed  as  to  exonerate  persons  Proviso, 
keeping  public  houses  without  license,  from  the  fines  or  other  penalties 
decreed  by  the  parish  regulations. 

Sec.  15.     That  whenever  any  person  shall  take,  or  cause  to  be  taken  Disposition  to  be 
up,  any  anchor  or  cable,  in  the  river  Mississippi,  he  shall  bring  or  send  anchor  oi  cable 
the  same  to  the  port  of  New   Orleans,  where  the  same  shall  be  deposited  jjfgg^ggppi/'^  *^^ 
at  such  place  as  the  master  and  wardens  of  the  port  shall  determine ;  and 
if  claimed  within  three  months  by  the  owner  thereof  or  their  agents,  the 
said  anchor  or  cable  shall  be  restored  to  them  on  their  proving  property 
and  paying  to  the  person  so  taking  up  and  bringing  the  same  to  the  port 
of  New  Orleans,  such  salvage  as  shall  be  determined  by  the  master  and 
wardens  of  the  port.     In  case  such  anchor  or  cable  shall  not  be  claimed, 
within  the  said  space  of  three  months,  the  same  shall  become  the  property 
of  the  person  by  whom  it  may  have  been  taken  up.  Any  person  so  neglect- 
ing or  refusing  to  comply  with  the  provisions  of  this  section,  shall  forfeit 
and  pay  for  every  such  offense  the  sum  of  fifty  dollars. 
26 


202  POLICE  DEPARTMENT. 

Leave  of  absence.       Sec.  16.     That  no  branch  pilot  shall   be   alloTred  to   letve  his  station 
for  more  than  three  consecutive  days,   unless  he   shall  have   obtained  a 
written  permission  from  the  board  of  examiners,   under   a   penalty  of 
fifty  dollars.     Permission   shall  in  no  case  be  granted  to  more  than  two 
branch  pilots  to  leave  their  station  at  the  same  time. 
Fines    and    for-      Sec.  17.     That  all  fines,  forfeitures   or  penalties   shall  be   sued  for 
recoverable  nnd  and  recovered  in  the  nnme  of  the  master  and   wardens  of  the  port,    for 
how  disposed  of.  j.|^g  ^gg  ^^^  benefit  of  the  charity  hospital  of  New  Orleans. 
Keward  to  be  Sec.  18.     That  the  master  or  owners  of  any  ship  or  vessel  appearing 

certain  cases."^      '^^  distress,  and  in  want  of  a  pilot   on   the   coast,    shall  pay  un^o  such 
branch  or  deputy  pilot,  who  shall  have  exerted  .himself  for  the  preser- 
vation of  such  ship  or  vessel,  such  sum  for  extra   services  as   the  said 
master  or  owner  and  pilot  can  agree  upon.     In  case  no  such  agreement 
can  be  made,  the  master   and  wardens,    or   any   three   of  them,    shall 
determine  what  is  a  reasonable  reward,  which  the  pilot  shall  be  entitled 
to  collect. 
Half  rilotape  to       Sec.  19.     That   if  the   master   of  any   ship  or  vessel  coming  to  the 
cases.     "       ^     poi"t  of  New  Orleans,    shall  refuse   to  receive   on  board  and  employ   a 
pilot,  the  master  or  owner  of  such  ship  or  vessel  shall  pny  to  such  pilot 
who  shall  have  ofifered  to   go   on  board  and  take  charge  of  the  vessel, 
half  pilotage, 
renaltv  for  car-      Sec.  20.     That   if  any   vessel,    going   out,    shall   carry   off  to  sea, 
g^tl!'^  '  through  the  default  of  the  masttn- or  owner   of  such   vessel,    any  pilot, 

when  a  boat  is  attending  to  receive  him,    the  master  and  owner  of  such 
vessel  shall  pay,  besides  the    pilotage,  the   same  monthly  wages   until 
he  shall  return  to  the  port  of  New  Orleans  as  are  allowed   to   the   mate 
Proviso.  of  such  vessel;  provided   the   pilot   shall   have   performed  the   duties 

required  of  him  by  law. 
Fi  n  e  for  di  sell  arc.      iskc.  21.     That  discharging  ballast  in   the   bay,    shall  subject  the 

itig  balliit^liu  the  „         i  i  ^         /.  r-  i       "^i      j  j   n 

lj,,y  master  or  owner  oi  such  vessel  to  a  fine  oi  one  hunarecl  aollars. 

Cert;iiij  iiiwi^  re-      {iJec.  22.     That  all  laws  contrary  to  the  provisions   of  this   act,    and 

^^"^ "  '  all  laws  on  the  same   subject-matter   except  what  is   contained  in  the 

Civil  Code  and  Code  of  Practice,  be  repealed. — Acts  of  1851,  p.  372. 

See  act  ot  1855,  p.  47tj,  section  21. 


POLICE  DEPARTMENT. 


POi'c  f^l  a' I  con* 
sIjl  of. 


No.  563.  (1.)  That  from  and  after  the  1st  day  of  May, 
1855,  the  department  of  police  of  the  city  of  New  Orleans  shall 
consist  of  and  be  organized  as  follows  : 

One  captain  of  the  city  police. 

Four  lieutenants  of  the  city  police. 

Ten    '  ruoants  of  the  city  police. 

Tw„     .  ,dred  and  fifty  policemen. 

AtDeudeU,  i^.G  .  u.  6Ti . 


POLIC]^  DEPARTMENT,  203 

No.  564.  (2.)  Should  the  board  of  police,  acting  under  the  Captain  or  chief, 
authority  vested  in  it  by  the  act  of  the  legislature  of  1853, 
creating  said  board,  deem,  in  its  judgment,  such  office  as  '^chief 
of  police"  necessary,  then,  in  such  case,  the  office  of  captain  of 
the  city  police,  contemplated  in  the  above  articles  -  i  all  be  merged 
into  and  constitute  the  same  office  as  chief  of  police. 

No.  565.  (3.)  No  person  shall  be  elegible  to,  or  fill  the  Who  phaii  been, 
station  of  chief  of  police,  captain  of  the  city  police,  lieutenant,  men. 
sergeant  or  policeman  of  the  city  of  New  Orleans,  unless  he  can 
read  and  write,  understand,  and  speak  fluently  the  English 
language;  and,  moreover,  produce  a  certificate  of  recommendation 
to  the  mayor,  from  at  least  three  well  known  freeholders  and 
respectable  citizens  of  New  Orleans  to  the  following  efifect,  viz  : 
That  said  applicant  has  resided  at  least  two  years,  consecutively, 
in  the  city  of  New  Orleans;  that  he  is  a  citizen  by  birth,  or  legally 
naturalized  ;  that  he  is  a  person  of  good  moral  character, 
honest,  sober  and  industrious,  and  a  fit  and  proper  person  to  fill 
sush  a  trust;  and  su3h  offiaars  as  may  be  located  below  Canal 
street,  shall  speak  the  English  and  French  languages. 

No.  568.     (4.)     The  officers  and  policemen  of  the  city  police,  To  give  bond, 
before  being  sworn  and  entering  upon   their  duties,  shall  give 
bond  and  security  to  the  satisfaction  of  the  mayor,  as  follows : 

The  captain  or  chief  of  police,  in  the  sum  of  ten  thousand  dol- 
lars each. 

The  lieutenants  of  the  city  police,  in  the  sum  of  five  thousand 
dollars  each. 

The  sergeants  of  the  city  police,  in  the  sum  of  two  thousand 
five  hundred  dollars  each. 

The  poliijemen  of  the  city  police,  in  the  sum  of  one  thousand 
dollars  each. 

Said  bonds  to  be  conditioned  for  the  faithful  performance  of 
the  several  duties  devolving  upon  them,  and  to  hold  the  city 
harmless  for  any  act,  omision  or  commission,  of  said  officers  and 
policemen  in  the  exercise  of  their  duties. 

No.  567.  ^  (5.)     That  it   shall  be,  and  is  hereby  made,  the  who  shall  he 
duty  of  the  mayor  to  select  as  security  and  bondsmen  of  such  ^^^''^^' 
officers  and  policemen,  any  one  from   the  freeholders  who  shall 
have  signed  the   certificate  and  recommendation  of  the  several 
parties  mentioned  in  article  three  of  this  ordinance,  as  he  may,  in 
his  discretion  and  judgment,  consider  the  best  and  most  solvent. 

No.  568.     (6.)     The  distribution,  management   and  control  The  mayor  to  bo 
of  the  department  of  police  of  this  city  and  its  operations  shall    *^^  °  ^°  ^'^^' 


rules. 


204  POLICE  DEPARTMENT. 

be,  and  are  hereby,  placed  entirely  in  tbe  hands  of  the  mayor  of 
the  city  of  Now  Orleans. 

Mayor  to  make  No.  569.  (7.)  That  for  the  better  orginization,  direction 
and  conduct  of  said  police  department,  the  mayor  is  hereby 
authorized  to  make  such  regulations  as  he  may  consider  just  and 
proper — which  regulations  shall  be  submitted  to,  and  approved 
by,  the  police  committee  of  both  boards. 

Salaries  of  police.  No.  570.  (8.)  That  from  and  after  th«  first  day  of  May, 
1855,  the  salaries  of  the  police  department  be,  and  the  same  are 
hereby  fixed  at  the  sum  of,  for  the  captain  or  chief  of  the  police, 
two  thousand  dollars;  the  lieutenants  at  one  thousand  dollars  per 
annum ;  the  salaries  of  the  sergeants  and  day  policemen  shall  be 
seven  hundred  dollars  per  annum  -,  the  salaries  of  the  policemen 
fifty  dollars  per  month. 

Uniform.  No.  571.     (9.)     That  immediately  after  the   organization  of 

the  policemen,  it  shall  be  the  duty  of  the  mayer  of  the  city  of 
New  Orleans  to  cause  to  be  uniformed  in  such  dress  as  may  be 
deemed  proper,  the  police  of  the  city,  in  order  to  designate  said 
police  in  the  various  duties  that  may  be  incumbent  upon  them  in 
said  service. 

Repeaiiogcivuse.  No.  572.  (10.)  All  Ordinances,  or  parts  of  ordinances, 
heretofore  passed  and  in  force,  organizing  the  department  of 
police  in  the  city  of  New  Orleans,  be,  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No,  2100.    Approved  April  5th,  1855. 

Increase  of  police  No.  573.  The  poHcc  forcc  of  the  may^rsliall  be  increased  fifty 
men.  All  ordinances  or  resolutions  contrary  to  the  foregoing  be, 
and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  3089. 

Rules  and  regu-  No.  57'i  That  the  rulcs  and  regulations  for  the  government 
of  the  police  department,  as  suo^gested  by  his  honor  the  mayor, 
be  adopted,  and  that  the  mayor  be  authorized  to  have  one 
thousand  copies  printed  in  pamphlet  form  for  the  use  of  the 
department. 

City  Ordinance,  No.  119. 

Securities  to  be  No.  575.  Hereafter,  no  person  elected  to  any  office  by  the 
board  of  police,  shall  enter  on  the  discharge  of  the  duties  of  said 
office,  nor  be  entitled  to  any  compensation  for  any  services  until 
his  securities  shall  be  duly  accepted,  and  he  be  commissioned 
according  to  law. 

City  Ordinance,  Nc.  2343. 


accepted. 


POLICE  DEPARTMENT.  205 

No.  576.     The  commissaries  of  the  several  markets  of  the  city  Chiefs  duty  as  to 
shall  be  under  the  special  instructions  of  the   chief  of  police^ 
relative  to  their  several  duties  in   enforcing  the   ordinances  now 
in  existence  concerning  said  markets. 

City  Ordinance,  No.  1^6. 

No.  577.     That  the  chief  of  police  be,   and  he  is   hereby,  Chiefs  clerk, 
authorized  to  appoint  a  police  officer  to  act  as  clerk  of  the  chief 
of  police  with  a  salary  of  nine  hundred  ($900)  dollars  per  year. 

Ordloance  No.  70. 

No.  578.     That  the  first  part  of  ordinance  No.  1674,  approved  iiis  assistant 
July    5th,   1854,  as   allows  "the  chief  of  police   to  employ  two  '^^"''' 
additional  clerks  at   a  salary  each  of  sixty  dollars  per  month,'' 
be  so  amended  as  to  read,  ''be  allowed  to  employ  one  additional 
clerk,  at  a  salary  of  sixty  dollars  per   month.'' 

City  Ordinance,  No.  2366. 

No.  579.     That  the  captains  of  police  of  the  several  districts  Support  of 
be,  and  are  hereby,  allowed,  for  the  maintenance  and  support  of  ^^  ^*^"®"" 
prisoners  in  their  charge,  the  sum  of  ten  cents  per  day .  for  each 
and  every  prisoner.     The   vouchers  for   same   to  be   presented 
monthly,  after  having  been  approved  by  the  chief  of  police. 

City  Ordiuauce,  No.  450. 

No.  580.     That  it  shall  be   the   duty  of  the   captains  of  the  Offl-ers  to  report 
police  of  each    district,   to   report  to  the   council  monthly,    the  """^  ^'  '*^'^* 
number  of  persons  arrested  or  reported,  for  breaches  of  the   city 
ordinances,  which   are   punishable   with   fines — the   amount   of 
fines   adjudged — by  whom  collected,   and  if  not  collected,  the 
reasons  why. 

City  Ordinance,  No.  451. 

No.  581.  That  the  captains  of  police  of  the  several  districts  offlccrato  report 
be,  and  they  are  hereby  required  to  furnish  to  the  council,  °*'"^^^y- 
through  the  joint  committee  on  finance  on  the  first  day  of  every 
month,  a  list,  containing  the  names  of  the  prisoners  respectively 
under  their  charge,  and  the  several  amounts  received  as  jail  fees 
from  each  person  up  to  said  date,  and  that  no  account  from  such 
officer  shall  hereafter  be  approved  or  received,  unless  accompanied 
with  such  list. 

City  Ordinance,  No.  1013. 

No.  582.     All  furniture,  fixtures,  stationery,  etc.,  bought  by  Purchases  for 
the  police  department  of  the  city,   or  by  the  recorders  or  their  men?.  ^^^^^^' 


206  POLIGE  DEPARTMENT. 

clerks,  shall  be  bought  by  order  and  under  the  supervision  of 
the  police  committees  of  the  common  council. 

.  City  Ordinance,  No.  554. 

Rural  portion  of      No.  583.   That  thc  chief  of  police  be,  and  is  hereby  instructed 

third  district.  i       .,  i  ^    i  i ■ 

to  detail  one  member  of  the  police  force  of  the  third  district  as 
a  syndic  for  the  rural  portion  of  said  district. 

City  Ordinance,  No.  205. 
See  No.  799. 

Miineburg  police-      No.  584.     That  the  recorder  of  the   third  district  be  and  he 
men. 

is   hereby   authorized  ^  to   appoint  a   special   policeman,   to   be 

stationed  at  Miineburg,  at  the  lake  end  of  the  Pontchartrain 
railroad,  under  the  rules  and  regulations  of  the  police  depart- 
ment of  the  city. 

City  Ordinance,  No.  1648. 
See  No.  799 

Police  for  horse      No.  585.     That  the  chief  of  police  be,  and  is  hereby,  instruc- 

market.  .  .  • 

ted  to  detail  one  or  more  policemen  to  attend  all  sales  of  cattle, 
horses,  or  vehicles,  by  auction,  at  the  horse  market,  on  Common 
and  Circus  streets,  to  prevent  the  use  of  the  public  highway  for 
the  exposure  of  vehicles,  or  trying  of  horses,  mules,  or  other 
cattle,  or  in  any  manner  occupying  or  obstructing  the  public 
highways  and  grounds  in  the  vicinity. 

That  a  fine  of  five  dollars  be  imposed  for  each  and  every 
offense  against  the  above  resolution,  and  to  be  recovered  before 
any  competent  court  of  jurisdiction. 

City  Ordiiance,  No.  613. 

Duty  of  Police  relative  to  Places  of  Amusement,  Fee  page  15. 

"  Awiiingfl,  etc„  see  page  11. 

"  Bakeries  and  Bread,  see  No.  41. 

"  Boarl  of  Health,  see  page  120. 

•*  Buildings,  see  No.  89. 

"  Cemeteries,  Interments,  Sextons,  see  No.  142. 

"  Coffee  Houses,  see  page  44. 

"  j:iection8,  No.  250,  and  Apendix. 

"  Evening  Gun,  see  No.  251. 

"  Fire,  see  Nos.  319,  320,  etc., 

"  lire  Department,  Police  Powers,  see  Nos.  277,  and  309 

"  Lewd  Women,  see  No.  405,  and  Apendix. 

"  Markets,  Commisparies,  etc.,  see  Nob.  435,  449. 

"  Slaughter  Houses,  see  No.  268. 

«  Slaves,  see  No.  762,  772,  etc 

See  "Vehicles,"  '-'Offenses"  etc. 


POKT   OF    NEW    ORLEANS.— See  Master  and  War- 
DENS  OF,  etc.,  page  157. 


POUNDS.  207 

PORTERS. 

No.  586.  That  the  resohitions  of  the  late  second  municipality,  RcpeaiinR  cer- 
approved  October  3,  1837,  amended   19th  of  February,  1839,  '"^'^  <'rdi'^«°««»- 
and  amended  again  on  the  9th  of  May,    1848,    creating  porters 
to  attend  at  the  city  hall,  be  and  the  same  are  hereby  repealed, 
and   that   said   offices   be  abolished  after  the   passage   of  this 
resolution. 

City  Ordinance  No.  1023. 

No.  587.     That  the   salary   allowed  to  the  porter  of  the  city  salary  of  port«r 
hall  be  fixed  at  seventy-five  dollars  per  month,  being  the   same  "  ^  *  ' 
amount  that  was  allowed  the  late  porter,  under   an   ordinance  of 
the  late  second  municipality,  and  shall  be  payable   in  the   same 
manner,  and  in  full  compensation  for  his   services. 

City  Ordinance  No.  1366. 

No.  588.  (1.)  It  shall  be  the  duty  of  the  porter  of  the  city  Duty  of  porter  of 
hall  to  have  all  the  offices  of  the  public  officers  properly  cleaned  "*^  "  * 
and  prepared  for  their  occupancy  by  9  o'clock  on  every  day, 
with  fires  lighted  and  supplies  of  coal  provided  in  said  offices, 
whenever  the  same  may  be  necessary.  It  shall  be  his  duty  to 
be  in  attendance  ot  the  hall  during  office  hours,  or  as  long  as 
any  of  the  city  officers  may  be  engaged  in  their  offices,  or  as 
long  as  any  committees  of  either  board  of  the  common  council 
shall  be  in  session. 

(2.)  That  the  porter  and  assistant  porter  of  the  city  hall  be 
and  they  are  hereby,  placed  under  the  direction  of  the  city 
comptroller,  who  shall  have  full  power  to  discharge  said  officers 
for  non-attendance  to  the  several  duties  imposed  on  them  by 
the  common  council. 

City  Ordinance  No.  209D. 


POUNDS. 

No.  589.  (1.)  From  and  after  the  passage  of  this  ordinance,  Animals  mn. 
it  shall  not  be  lawful  for  any  person  or  persons  to  permit  any  ''^  a  »  ge. 
horse,  mule,  ox,  cow  or  other  large  horned  animal,  or  sheep, 
goat,  calf  or  other  animal,  to  run  at  large  in  any  of  the  streets 
of  the  city  at  any  time,  within  the  following  limits,  to  wit: 
Between  the  river  and  Carondelet  street,  in  the  fourth  district  5 
Galvez  street  in  the  first  and  second  districts ;  and  Claiborne  to 


208 


POUNDS. 


Records  of  ar- 
rests. 


Pound  charges. 


Champs  Elysee  street  j  thence  along  the  line  of  the  Mexican 
Gulf  railroad  to  Independence  street,  and  thence  to  the  river, 
in  the  third  district ;  and  it  is  hereby  .made  the  duty  of  the 
street  commissioner  and  his  deputies,  and  the  day  and  night 
police,  and  they  are  hereby  directed,  to  arrest  and  confine  in  the 
pounds  of  the  city,  in  the  district  where  taken  up,  all  animals 
which  may  be  found  running  at  large. 

The  street  commissioner  shall  cause  to  be  kept  at  each  of  the 
city  pounds,  a  correct  record  of  the  admissions  and  date  of 
arrest,  as  well  as  an  accurate  description  of  all  animals  taken  up, 
so  that  they  may  be  identified  by  their  brands,  signs,  marks  or 
other  peculiarities. 

Amended.    See  No.  597. 

No.  590.  (2.)  Each  and  every  animal  taken  to  the  public 
pounds,  shall  be  charged  as  follows,  viz  :  Horses,  mu^es,  oxen, 
cows  or  other  large  horned  animals,  one  dollar  each;  every  sheep, 
goat,  calf  or  other  animal,  fifty  cents,  and  the  owner  or  owners 
of  the  animals  shall  pay  for  the  expense  of  keeping  and  feeding 
the  same,  for  each  twenty-four  hours  during  which  they  may 
remain  in  said  pounds ;  for  each  animal  of  the  first  class  forty 
•cents,  and  for  each  animal  of  the  second  class  fifteen  cents.  And 
should  the  aniuial  or  animals  so  impounded  be  not  claimed  by 
their  rightful  owners,  or  should  the  title  to  such  ownership  be 
not  made  out  to  the  satisfaction  of  the  street  commissioner,  or 
should  the  expense  of  arrest  and  charge  for  keeping  and  feeding 
as  imposed  by  this  ordinance,  be  not  paid  by  the  owner  or  owners, 
and  such  animal  or  animals  be  suffered  by  their  owners  to  remain 
in  the  pounds  for  a  longer  time  than  forty-eight  hours,  then  it 
shall  be  the  duty  of  the  street  commissioner  to  advertise  such 
animal  or  animals  for  sale,  three  times  in  the  English  and  French 
languages,  during  ten  days,  in  the  official  journal  of  the  city, 
specifying  the  marks,  brands  or  other  signs  by  which  they  may 
be  identified,  the  true  cost  of  such  advertisements  to  be  paid  by 
the  owner  or  owners  of  such  animals  ;  and  should  such  owner  or 
owners  fail  —  after  the  expiration  of  such  advertisement  —  to 
come  forward  and  claim  their  property,  or  refuse  to  pay  the 
sums  due  for  the  charges  and  expenses  of  feeding  and  keeping 
such  animal  or  animals,  then  the  street  commissioner  shall  sell 
the  same  at  public  auction  at  the  pound,  to  the  highest  bidder 
for  cash,  and  shall  pay  over  the  amount  into  the  city  treasury 
for  the  use  of  the  city. 

Amended.  S«e  No.  598. 


POUNDS.  20S 

No.  691.  (3.)  The  street  commissioner  and  his  deputies,  and  Tioffsrunnins  at 
the  day  and  night  police  be,  and  they  are  hereby,  authorized  and  '''^*^' 
directed  to  take  up  all  hogs  running  at  large  in  any  ol  the  streets 
of  the  city,  and  impound  the  same ;  and,  if  the  same  are  not 
claimed  by  their  owner  or  owners  within  three  days  thereafter, 
then  they  shall  be  sent  to  the  work-house  of  the  city,  for  the 
use  of  the  city,  or  the  said  street  commissioner  shall  cause  the 
same  to  be  slaughtered  and  sold  as  the  case  may  require,  and 
pay  over  the  amount  of  such  sales  into  the  treasury  for  the  use 
of  the  city. 

No.  692.  (4.)  Any  person  or  persons,  not  authorized  so  to  Taking  nnimnis 
do  by  the  street  commissioner,  who  shall  remove  or  take  away 
from  any  of  the  city  pounds  any  animal  taken  up  under  this 
ordinance,  shall  be  subjected  to  a  fine  of  not  less  than  ten  or 
more  than  twenty  dollars  for  each  ami  every  such  offense, 
recoverable  before  any  court  of  competent  jurisdiction  in  the 
district  where  such  offense  shall  have  been  committed. 

No.  693.  (6.)  From  and  after  the  passage  of  this  ordinance,  cart?.  etc, left ia 
it  shall  not  be  lawful  for  the  owner  or  owners  of  any  cart,  dray,  ^^'"  ^^'^''*'^'  '^^' 
wagon,  carriage  or  other  vehicle  to  suffer  the  same  to  remain  ia 
any  of  the  streets  or  public  ways  of  the  city,  during  the  day  or 
night,  unless  the  same  shall  be  in  actual  use  at  the  time,  under  a 
penalty  of  three  dollars ;  and  any  such  cart,  dray,  carriage  or 
other  vehicle  shall  be  taken  by  the  street  commissioner  or  his 
deputies,  by  the  day  or  night  police,  to  the  city  pound  of  the 
district  where  so  found  in  contravention,  and  be  there  kept  for 
three  days ;  and  should  the  owner  or  owners  of  the  same  not 
claim  and  pay  the  fines  on  the  same  within  three  days  after  the 
same  have  been  impounded,  then  it  shall  be  the  duty  of  the 
street  commissioner  to  advertise  and  sell  the  same  as  provided 
for  in  the  case  of  strays,  in  the  third  section  of  this  ordinance, 
or  he  shall  report  the  same  to  the  assistant  attorney  of  the 
city. 

Amended.    See  No.  TGS. 
§iee   "Vt'LicJes.'' 

No.  594.  (6.)  From  and  after  the  passage  of  this  ordinance,  obsfructing 
it  shall  not  be  lawful  for  any  person  or  persons  U)  encumber  or  ilj^^yds,  etc.*'  ° ' 
obstruct  any  of  the  street??,  public  roads,  public  grounds,  public 
squares  or  promenades,  sidewalks  or  gutters  of  the  city,  by  de- 
positing in  or  on  the  same  Jmy  box,  bale,  hogshead,  barrel,  or 
any  goods,  wares  or  merchandise,  or  any  article  or  object  what- 
soever, except  for  the  necessary  time  for  loading  and  unloading 
27 


210  POUNDS. 

the  same,  in  order  that  at  all  times  a  free,  commodious  and 
convenient  passage  may  be  left  to  pedestrians,  and  to  carts,  drays 
or  other  vehicles,  and  to  the  flow  of  water  in  the  gutters  ;  and 
should  any  owner  or  owners,  or  any  person  or  persons  having 
charge  of  the  same,  or  any  of  them  —  after  being  notified  by 
the  street  commissioner  or  any  of  his  deputies  to  remove  such 
obstructions  —  fail  to  do  so  immediately,  he  or  they  shall  be 
liable  to  pay  a  fine  of  not  less  than  five  or  more  than  one  hundred 
dollars,  recoverable  before  any  court  of  competent  jurisdiction. 

gee   "Streets." 

now  aroods   aro      No.  595.     And  it  shall  be  the  duty  of  the  street  commissioner 

dispos.4  of.  -  .      ,  .  ,,.,..  ,  , 

or  his  deputies,   under  his  directions,   to  remove  and  store  the 

same  in  some  safe  and  convenient  place,  with  some  responsible 

,  person,   or,  as  the   case  may  require, '  remove  the  same  to  the 

public  pound  of  the  district  where  so  found  in  contravention,  and 

if  the  same  shall  not  be  claimed  by  the  owner  or  owners  thereof 

within  three  days  thereafter,  then  it  shall  be   the  duty  of,  and 

the  said  street  commissioner  is  hereby  directed  to  advertize  and 

sell  the  same,  as  provided  for  in  the  cases  of  strays  and  drays, 

etc.,  in  this  ordinance ;    provided  always,   that  the  provisions  of 

this  section  shall  not  be  applicable  to  the  case  of  building  or 

repairing  any  house  or  other  edifice,    as  regulated  by  existing 

ordinances. 

Se«  p.  26  ond  p.  27. 

Ii3p5aiicgc'aurc.  No.  596.  (7.)  That  all  ordinances  and  resolutions  of  the 
municipalities,  or  of  the  late  city  of  Lafayette,  conflicting  with 
the  provisions  of  this  ordinance,  be,  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No.  751.  Approved  April  6tb,  1863. 

Extmdin^pcTxni      No.  597.     That  ordinance  No.  751,  approved  April  6th,  1853, 
^^°*  '*■  be  amended  so  as  to  extend  the  pound  limits,  and  include  within 

said  pound  limits  all  that  portion  of  the  city  above  Independence 
street  to  the  upper  line,  and  between  the  river  and  the  outermost 
draining  canals,  and  St.  David  and  Claiborne  streets,  in,  the  por- 
tion of  the  third  district  below  the  lower  end  of  the  draining 
canal. 

City  Ordinance,  No.  1755. 

roan'.fo;s.  No.  598.     From  and  after  the  promulgation  of  this  resolution, 

the  pound  fees  chargeable  on  aiiy  or  all  animals,  of  whatsoever 
description,  arrested  or  impounded  as  strays,  shall  be  one  dollar 
each  and  the  costs  of  feeding,  as  is  now  provided  for  by  ordinanco 


POUNDS.  •  211 

No.  751,  approved  6th  April,  1853;  and  the  pound  fees  charge- 
able on  any  dray,  cart,  wagon,  carriage  or  other  vehicle,  whether 
arrested  or  impounded  as  incumbrances,  or  in  contravention  of 
any  existing  ordinance,  shall  be  one  dollar,  in  addition  to  whatever 
fine,  if  any,  that  may  have  been  imposed  for  the  contravention, 
by  a  competent  court,  said  fine  of  one  dollar  being  inclusive  of 
the  expense  of  hauling  or  transportation  to  the  pounds. 

City  Ordinance,  No.  1870. 

No.  599.     That  the  pound  keepers  of  the  several  city  pounds  Duty  of  pound 
be  hereby  instructed  and  commanded  to  refuse  to  receive  any  iioyr"*^  ° 
stray  animals  brought  by  boys  under  eighteen  years  of  age. 

City  Ordinance,  No.  19C9. 

No.  (300.  (1)  That  the  street  commissioner  be,  and  he  is  hereby  Pounds  jnFecond 
authorized  to  establish  two  additional  pounds  in  this  city,  one  in  disinc'tL 
the  second  district  and  one  in  the  fourth  district,  at  such  places 
as  he  may  deem  fit  and  proper ;  provided,  that  the  monthly  rent 
for  each,  including  the  cost  for  the  fences  and  fixtures,  shall  not 
exceed  twenty  dollars,  and  that  the  said  two  pounds,  when  so 
established,  and  the  two  now  existing  in  the  fir|t  and  third 
districts  shall  be  the  only  legal  pounds  of  the  city  to  be  used  for 
the  safe  keeping  of  stray  animals. 

No.  601.     (2.)     That  the  street  commissioner  be,  and  he  is  street    commis. 
hereby  authorized  to  appoint,    with  the   consent  of  the  board  of  point' four  pcmS 
aldermen,  four  pound  keepers,  ueing  one  for  each  district,  whose  ^"^"^* 
duty  it  shall  be  safely  to  keep  within  the  said  pounds,  all  stray 
animals  which  may  be'delivered  to  them,  in  conformity  with  law,  and 
such  regulations  as  may  hereafter  be  prescribed  by  the  common 
council  or  by  the  street  commissioner,  with  the  advice  and  consent 
of  the  police  committee  of  the  council;  and  the  compensation  of 
said  pound  keepers  shall  be  forty  five  dollars  per  month  each,  and 
also  the  profit,  if  any,  that  may  acrue  from  the  keeping  and  feed- 
ing stray  animals,  at  the  rates  provided  for  by  the  city  ordinance, 
approved  April  6th,  1853  :  Provided,  that   either  of  said  pound 
keepers  may  be  removed  from  office  at  any  time  for  cause. 

No.  602.  (3)  That  all  officers  whose  duty  is  to  arrest  stray  animals,  Dnty  of  certain 
shall  conduct  and  deliver  to  the  pound  keepers,  created  by  this  °  *^"^* 
ordinance,  all  the  stray  animals  they  shall  find  upon  the  streets 
and  other  public  places,  and  the  said  animals  shall  not  be  released 
or  discharged  therefrom,  except  according  to  the  provision  of 
existing  ordinances;  -and  each  officer  or  other  persons  for  so  arres- 
ting, conducting  and  delivering,  shall  be  entitled  to  receive,  after 


21: 


Third  di-trict 
pound:*. 


Second  district 
pouud:}. 


Repenl  of  oM 
ordinaucoa. 


PUBLIC  SCHOOLS. 

it  sha'l  have  been  collected,  the  half  of  the  fines,  the  other  half  to 
be  paid  in  the  city  treasury. 

City  Ordiuanco,  ^o.  15-20.    Approved  May  29th,  1854. 

No.  603.  That  the  street  commissioner  be,  and  he  is  hereby, 
authorized  to  rent  a  lot  for  a  public  pound,  in  the  third  district, 
and  room  for  deputy's  office,  under  the  direction  and  subperin- 
tendance  of  the  police  committee,  provided  the  expense  does  not 
exceed  eighteen  do'lc^rs  per  month. 

City  Ordinancf,  No.  Gol, 

No.  60 A.  That  the  street  commissioner  be,  and  he  is  hereby, 
authorized  to  ront  a  lot  for  a  public  pound  from  W.  C  Micou. 
Said  lot  situated  on  Dryades  strest,  provided  the  expanse  does 
not  exceed  twenty  dollars  pjr  month. 

City  Ordinance,  No.  4C5. 

No.  605.  From  and  after  the  passage  of  this  resolution  the 
office  of  pound  keepers  and  pounds  now  existing  under  ordinances 
of  the  late  municipal  council  be,  and  the  same  are  hereby, 
abolished,  and  all  ordinances  or  parts  of  ordinances  conflicting 
with  the  foregoing  be,  and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  746. 


DECISIONS    OF    SUPREME    COUIIT. 

The  ordinances  of  (he  third  municipality,  of  19ih  May,  1846, 
imposing  a  fine  on  the  owner  of  any  animal  found  astray,  is  a  legal 
exercise  of  the  power  vested  in  the  council. — 1  Ann.  385. 

An  ordinance  of  the  city  directing  a  sale,  under  the  Mayor's  order^. 
of  all  property  remaining  on  the  levee  a  longer  time  than  is  authorized 
by  the  police  regulations,  is  unconstitutional  and  void  ;  and  so  is  the 
act  of  6th  March,  1834,  authorizing  the  municipal  government  to  pass 
such  an  ordinance. — 4  La.  97;  4  La.  98;  15  La.  129. 


POWDER    AND    POWDER  MAGAZINE.— See 
PowDEH,"  etc.,  page  114. 


Gux 


PUBLTC  SCHOOLS. 


Boarts  Of  direc- 
tors. 


No.  606.  In  obediencD  to  the  38th  section  of  the  act  of 
consolidation,  approved  by  the  legislature  of  the  Stat3  on  the 
23d  February,  1852,  there  shall  be  elected  by  the   council,    at 


PUBLIC  SCHOOLS.  213 

their  first  regular  meeting  in  the  month  of  May,  annually,  four 
separate  boards  of  directors  of  the  public  schools,  to  wit;  one 
for  each  district. 

The  nv.mber  in  the  first  district  shall  be   21. 
"  second  ''  12. 

"  third  "  12. 

"  fourth  "  11. 

No.  607.     The  board   thus  elected  shall  meet  and  enter  on  Board  to  meet, 
the  discharge  of  their  duties,   on  the  second  Monday  following 
their  election. 

In  case  the  council  fail  to  elect  on  the  day  above  named,  the 
board  shall  not  be  dissolved,  but  hold  over  until  their  successors 
are  elected. 

City  Ordinance,  No.  12. 

No.    608.     (1.)    In   accordance   with    the  38th    section   of  Annmi  rppro- 

.  pi'iutious. 

the  old  city  charter,  approved  in  February,  1852,  and  with  the 
request  of  the  legislature  of  the  State  of  Louisiana,  contained 
in  "an  act  relative  to  public  schools  in  the  city  of  New  Orleans," 
approved  March  14th,  1855,  there  is  hereby  appropriated  for 
the  maintenance  of  the  public  schools,  and  for  the;  gratuitous 
education  of  the  children  residing  in  each  district  of  the  city, 
for  the  term  of  one  year  f-om  the  first  day  of  August,  1856,  the 
sum  of  two  hundred  and  eight  thousand  eight  hundred  and  ten 
dollars,'to  be  appropriated  among  the  four  districts  as  follows : 

No.  609.  To  the  first  district,  which  had  during  the  year  For  first  district. 
ending  31st  May,  1856,  an  actual  average  attendance  of  3,051 
resident  pupils,  adding  five  per  cent,  thereon  at  the  rate  of 
($20)  twenty  dollars  per  pupil,  and  eight  thousand  dollars 
($8,000)  for  repairs — sixteen  hundred  dollars  for  rents,  the 
sum  of  seventy. three  thousand  six  hundred  and  sixty  dollars, 
($73,660.) 

No.  610.  To  the  second  district  which  had,  during  the  year  For  second  dis- 
aforesaid,  1824  resident  pupils,  adding  five  per  cent,  thereon,  at 
the  rate  of  twenty  dollars  ($20)  per  pupil,  and  five  thousand  and 
seventy-five  dollars  ($5,075)  for  repairs — five  thousand  two 
hundred  and  twenty  dollars  ($5,220)  for  rent,  the  sum  of  forty- 
eight  thousand  five  hundred  and  ninety -five  dollars,  ($48,595.) 

No.  611.     To  the  third  district,  v^ich   had   during  the  year  For  third  district, 
aforesaid  an  average  attendance  of  1959   resident  pupils,  adding 
five  per  cent,  thereon,  at  the  rate   of  twenty   dollars    ($20)  per 
pupil,   and    three   thousand  one   hundred    dollars  ($3,100)  for 
rent,  two  thousand   eight  hundred  and  fifty  dollars  ($2,850)  for 


S14  PUBLIC  SCHOOLS. 

i-epairs — the  sum  of  forty-six  thousand  nine  hundred  and  seventy 
dollars,   ($46,970.) 

fdcfc/''"'^^  ^*"  ^^-  ^1^-  ^^  ^^-  ^^^^^^  district,  which  had  during  the  year 
aforesaid,  an  actual  average  attendance  of  1649  pupils,  adding 
five  per  cent,  thereon,  at  the  rate  of  twenty  dollars  ($20)  per 
pupil,  and  three  thousand  one  hundred  and  fifteen  dollars 
($3,115)- for  rents,  and  one  thousand  eight  hundred  and  fifty 
dollars  ($1,850)  for  repairs — the  sum  of  thirty-nine  thousand  five 
hundred  and  eighty-five  dollars,  ($39,585.) 

SeV^  ®^'  No.  613.     (2.)  Not  more  than  one-twelfth  part  of  said  ap- 

propriation  shall  be  drawn  each  month,  and  all  drafts  of  the 
respective  boards  of  school  directors,  shall  be  made  in  the 
following  manner : 

The  salaries  of  superintendent,  teachers  and  other  employees, 
and  all  bills  for  supplies,  stationery,  rents,  repairs  and  other 
expenses  incurred  by  the  board,  shall  be  stated  in  detail  in  the 
pay-rolls  of  the  month,  and  on  the  approval  thereof  by  the 
president  and  committee  on  accounts  of  the  respective  boards, 
the  comptroller  shall  warrant  on  the  treasurer  of  the  city  for  the 
payment  of  .the  same. 

Responsibility  of  No.  614.  (3.)  The  city  of  New  Orleans  shall  not,  in  any 
case,  be  liable  for  the  debts  or  contracts  of  the  boards  of  directors 
beyond  the  amount  of  the  aforesaid  appropriations. 

Quarterly  re-  No.  615.     (4.)  It  shall  be  the  duty  of  the  respective   boards 

of  school  directors  to  make  quarterly  reports  to  the  common 
council  on  the  condition  of  the  schools,  showing  the  number  of 
pupils  that  have  been  admitted  into  each  school,  the  number 
that  have  left,  and  the  number  in  actual  attendance  during  the 
month,  with  a  detailed  statement  of  the  receipts  and  expendi- 
tures of  money  during  the  same  time.  They  shall  also  make, 
in  the  month  of  May,  an  annual  report  containing  an  abstract 
of  all  the  quarterly  reports,  also  the  names,  number  and  salaries 
of  teachers  employed  in  their  respective  schools,  a  list  of  the 
branches  taught,  and  text  books  used  therein,  a  statement  of  the 
number,  location,  size,  condition,  internal  arrangement,  and  means 
of  ventilation  and  warming  of  the  school  houses  owned  by  the 
city,  and  those  wanted  for  the  use  of  schools. 

The  size  of  the  rooms  a!id  the  maximum  number  of  pupils 
therein,  the  dimensions  of  the  lots,  play  ground  and  yard  of  the 
pupils,  and  the  manner  in  which  the  same  are  enclosed,  together 
with  such  other  information  as  the  respective  boards  may  deem 
of  public  interest. 


porta. 


PUBLIC  SCHOOLS.  215 

No.  616.     It  shall  be  the  duty  of  the  respective  presidents  of  Qnaripriy  nnd 

1        1  1  T  '  1  a1  11       i?  J.I.      atipunl  leportsof 

the  boards,  and  superintendents,  to  meet,  on  the  call  ot  the  presidents,  etc. 
president  of  the  first  district  board,  and  agree  upon  a  form  for 
the  quarterly  and  annual  statistical  reports  to  the  council ;  also 
to  adopt  a  uniform  system  for  keeping  their  daily,  weekly, 
monthly  and  yearly  registers  of  pupils  admitted,  left  and  attend- 
ing, and  also  a  uniform  method  for  determining  the  actual  average 
attendance  at  the  respective  schools.  The  annual  reports  of  the 
boards  shall  be  published  in  pamphlet  form  under  the  direction 
of  the  four  superintendents,  and  at  the  expense  of  the  respec- 
tive boards,  in  proportion  to  the  amount  received  by  them  from 
the  city,  and  together  with  200  copies  for  the  same  for  the 
use  of  the  council ;  the  superintendents  shall  also  submit  to  the 
committee  on  education  all  proper  vouchers  required  by  them  in 
support  of  the  stated  attendance  of  pupils  on  which  the  annual 
appropriation  is  made. 

City  Ordinance,  No.  2990.    Approved  August  16,  1856. 

The  libraries  arc  placed  under  control  of  the  school  directors  of  the  respective 
districts ;  see  city  Ordinances  Nos.  951  and  2369. 

STATE  CONSTITUTION. 

Abt.  136.  The  general  assembly  shall  establish  free  public  schools 
throughout  the  State,  and  shall  provide  for  their  support  by  general 
taxation  on  property  or  otherwise;  and  all  moneys  so  raised  or  provided 
Bhall  be  distributed  to  each  parish  in  proportion  to  the  number  of  free 
Trhite  children  between  such  ages  as  shall  be  fixed  by  the  general 
assembly. 

Art.  337.  The  proceeds  of  all  lands  heretofore  granted  by  the  Uni<ed 
States  to  this  State  fur  the  use  or  support  of  schools,  and  of  all  lands  which 
may  hereafter  be  granted  or  bequeathed  to  the  State,  and  not  expressly 
granted  or  bequeathed  for  any  other  purpose,  -which,  hereafter 
may  be  disposed  of  by  the  State,  and  the  proceeds  of  the  estates 
of  deceased  persons,  to  which  the  State  may  become  entitled  by  law, 
shall  be  held  by  the  State  as  a  loan,  and  shall  be  and  remain  a  per- 
petual fund,  on  which  the  State  shall  pay  an  annual  interest  of  six  per 
cent ;  which  interest,  together  with  the  interest  of  the  trust  funds  depo- 
sited with  this  State  by  the  United  States,  under  the  act  of  Congress, 
approved  June  23,  1836,  and  all  the  rents  of  the  unsold  lands  shall  l)c 
appropriated  to  the  support  of  such  scho'ols,  and  this  appropriation  shall 
remain  inviolable. 

Art.  138.  All  moneys  arising  from  the  sales  which  have  been  or 
may  hereafter  be  made  of  any  lands  heretofore  granted  by  the  United 
States  to  this  State,  for  the  use  of  a  seminary  of  learning,  and  from  any 
kind  of  doaatioji,  that  may  hereafter  be  made  for  that  purpose,  thall   bo 


216  ]?1!BLIC  scno6Ls. 

and  remain  a  perpetual  fund,  the  interest  of  which  at  six  per  cent,  per 
annum,  shall  be  appropriated  to  the  support  of  a  seminary  of  learning 
for  the  promotion  of  literature  and  the  arts  and  sciences,  and  no 
law  shall  ever  be  made  diverting  said  fund  to  any  other  use  than  to  the 
establishment  and  improvement  of  said  seminary  of  learning. 

ACTS  OF  THE  LEGISLATURE. 
Division   of  the      Sec.  88.     That  the  city  of  New  Orleans  shall  be  divided  into  three 

city     int")    three 

puhlio  school        public  school  districts,  as  follows  :  The   first   district   to   comprise   all 

districts.  ^^^^^  portion   of  the  city   between   the   upper   line    thereof  and  Canal 

street ;  the  second  district,    all  that   portion   between  Canal    and  Es- 
planade streets ;  and   the  third   district,    all   the   residue  of  the  city. 
Election  cf  ft        The  council  shall  annually  elect,  by  joint  ballot,  a   separate   board   of 
directors.  directors  of  the  public   schools  for  each  of  said   districts,  to  consist 

of  as  many  members  as  the  council  may  determine,    and  to   be  chosen 
from  the  voters  in  the   district  for  which  they  are   elected.     Separate 
Appropriation  to  appropriations  for  the  maintenance  of  the   schools  in   each  district,    in 
district.  proportion  to  the  number-  of  pupils  in  each,  shall  be  made  annually    by 

the  council,  and  said  appropriations  shall  be  under  the  exclusive  con- 
trol of  the  board  of  the  district  for  which  they  are  made ;  and  each 
board  shall  also  have  the  exclusive  management  of  the  public  schools 
Election  of  su-  ^f  j^g  district,  and  shall  elect  one  superintendent  and  as  many  princi- 
und  pri'.oipal  pal  and  assistant  teachers  as  it  may  deem  proper.  No  member  of 
t"adiers.^^""  the  council  nor  olficer  of  the  corporation  shall  be  a  school  director, 
Qiialiti-afions  for  j^or  have  a  seat  in  any  of  the  school  boards.     Each   board   shall   cause 

school    directors,  " 

Duties  of  the  to  bc  laid  before  the  council,  at  their  first  regular  meeting  in  January, 
ton?.  "^  ^'^^^'  April,  July  and  October,  a  report  of  the  condition  of  the  schools,  with 
a  detailed  statement  of  the  receipts  and  expenditures  of  money  during 
the  preceding  quarter,  and  such  other  information  as  may  be  of  public 
interest,  and  said  report  shall  be  published  in  the  proceedings  of  the 
council. — Acts  of  1852,  p.  54. 

Kecorder  nnd  Sec.  3.     That  the  said  fourth  district  of  New  Orleans   shall  form  a 

of  thl  rmrili  fourth  recorder's  district  and  a  fourth  school  district  of  said  city,  and 
distiiot.  j^  recorder  and" school  directors  shall  be  elected  for  said  fourth  district, 

in  the   same   manner    as  for   the  other  districts  of  said  city  of  New 

Orleans.— Acts  of  1852,  p.  56. 

An  act  relative  to  Public  Schools  in  the  city  of  New  Orleans. 
Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Common  council  ^^^  State  of  Louisiana   in  General  Assembly  convened.  That  the  common 
authni ize.l  to  cs-  council  of  the  city  of  New   Orleans   are   authorized   and  requested   to 
schools, etc.  establish  one  or  more  public  schools  in  each  district,  for  the  gratuitous 

education  of  the  children  residing  therein ;  to  enact  ordinances  for  the 
organization,  government  and  discipline  of  the  same,  and  to  levy  taxes 
for  their  support  as  to  them  may  seem  proper. — Acts  of  1855,  p.  331. 
See  Acts  of  1855,  page  422,  and  page  331. 


QUICK  LIME  217 

QUARANTINE.— See  Board  of  Health,  page  120. 


QUICK  LIME. 

No.  617.  (1.)  No  person  shall  store  or  cause  to  be  carried  Not  to  store,  etc. 
into  any  part  of  the  square  of  the  city,  any  quick  lime  beyond  the 
quantity  of  five  barrels  at  a  time,  and  that  quantity  must  not 
be  placed  but  in  a  building  protected  from  all  humidity  and  con- 
structed in  such  a  manner  as  to  leave  a  free  current  of  air,  and 
the  said  barrels  must  be  stowed  at  the  distance  often  inches  from 
one  another. 

No.  618.  (2.)  No  person  shall  store  quick  lime  unless  it  be  How  stored, 
well  dried,  and  placed  in  a  store  constructed  and  prepared  for 
that  purpose,  and  protected  from  all  humidity,  the  flooring  of 
which  must  be  two  feet  from  the  ground,  it  must  have  at  least 
two  openings  at  its  extremity,  so  as  to  afford  a  continual  current 
of  air,  and  such  building  must  not  be  surrounded  by  any  other 
building,  wall  or  enclosure  which  might  prevent  the  circulation 
of  air;  it  ought  to  be  lined  without  and  within  and  boarded  above 
the  beams,  in  order  to  keep  off  the  heat  of  the  sun ;  there  must 
be  between  the  spaces  of  the  rows  of  barrels,  a  space  of  at  least 
ten  inches.  The  barrels  must  not  be  placed  more  than  three 
barrells  in  height ;  from  the  moment  the  quick  lime  so  stored 
shall  spread,  so  as  to  obstruct  the  circulation  of  the  passage  left 
between  the  baarels  for  the  circulation  of  air,  the  barrels  must  be 
arranged  immediately,  and  the  lime  found  amongst  the  barrels 
carried  away. 

No.  619.     (3.)     Every  person  contravening  the  present  ordi-  renalties. 
nance,  shall  pay  a  fine  which  shall  not  be  less  than  fifty  dollars, 
nor  more  than  one  hundred  dollars. 

No.  620.  (4.)  No  person  shall  store  any  quick  lime  previ-  surveyors  to  in- 
ously  to  the  city  surveyor  having  been  called  in,  for  the  purpose  ^^  ' ' 
of  inspecting  the  building  destined  for  that  purpose,  and  that  he 
has  obtained  a  certificate  of  it,  and  in  default  of  that  formality, 
which  must  be  strictly  observed,  all  persons  contravening  it, 
must  pay  the  fine  decreed  in  the  third  article  of  the  present 
ordinance. 

City  Ordinance,'Aii2U8t  17th,  1829. 

28 


218  RAILROADS. 

RAILROADS. 

1. — NEW    ORLEANS,     JACKSON    AND    GREAT   NORTHERN    RAIL- 
ROAD  COMPANY. 

An  Ordinance  providing  for  the  subscription,  by  the  city  of  New 
Orleans,  to  the  capital  stock  of  the  New  Orleans,  Jackson  and  Great 
Northern  Kailroad  Company. 

City  Eubscr jptiou  No.  621.  (1.)  Be  it  ordained  by  the  common  council  of  the 
city  of  New  Orleans,  that  the  mayor  subscribe  on  behalf  of  said 
city,  for  eighty  thousand  shares  of  twenty-jfive  dollars  each,  of  the 
capital  stock  of  the  New  Orleans,  Jackson  and  Great  Northern 
Railroad  Company,  amounting  to  two  millions  of  dollars. 

How  payable.  No.  622.     (2.)  Be  it  further  ordained  that  said  subscription 

shall  be  payable  in  bonds  of  the  city  of  New  Orleans,  for  one 
thousand  dollars  each,  having  twenty  years  to  run,  bearing  in- 
terest at  the  rate  of  six  per  cent,  per  annum,  with  interest 
coupons  attached,  payable  semi-annually  in  New  Orleans  or  New 
York,  as  said  railroad  company  may  prefer,  transferable  by  the 
endorsement  of  the  president  and  secretary  of  said  company,  and 
convertible  into  the  stock  of  said  company,  at  the  option  of  the 
holder,  at  any  time  within  ten  years  after  their  date. 

Speciaitax  on         No.  623.     (3.)  Be  it  further  ordained  that  a  special  tax  on 

real  6st&t6i  etc. 

real  estate  and  slaves  shall  be  levied  in  January  of  each  year, 
sufficient  to  pay  the  annual  interest  on  said  bonds,  specifying 
the  rate  of  said  tax,  which  shall  be  collected  at  the  same  time, 
and  in .  the  same  manner,  as  the  consolidated  loan  tax  of  said 
city ;  and  all  ordinances,  resolutions,  or  other  acts  passed  by  this 
council  after  the  first  day  of  January  in  each  year,  except  an 
ordinance  to  impose  said  consolidated  loan  tax,  and  an  ordinance 
to  impose  a  tax  for  the  payment  of  interest  on  bonds  which  may 
hereafter  be  issued  for  subscription  to  the  New  Orleans,  Opelou- 
sas  and  G-reat  Western  Railroad  Company,  shall  be  null  and  void, 
unless  a  resolution  imposing  a  special  tax  for  the  payment  of  the 
interest  on  the  bonds  issued  to  the  New  Orleans,  Jackson  and 
Great  Northern  Railroad  Company  shall  have  been  previously 
passed.  Provided,  that  no  levy  of  a  tax  for  the  payment  of  in- 
terest on  said  bonds  shall  be  made  after  the  payment  of  divi- 
dends of  six  per  cent,  per  annum  on  the  stock  of  said  company, 
held  by  the  city,  which  dividends  shall  be  applied  by  the  city  to 
the  payment  of  the  interest.  And  provided  further,  that  when- 
ever the  dividends  on  said  railroad  stock  of  the  city  shall  amount 


RAILROADS.  219 

to  more  than  six  per  cent,  per  annum,  the  excess,  after  the  pay- 
ment of  interest,  shall  be  applied  to  the  purchase  of  the  city 
bonds  issued  under  the  provisions  of  this  ordinance ;  it  being  un- 
derstood, that  when  dividends  for  less  than  six  per  cent,  per 
annum  are  received  on  the  railroad  stock  of  the  city,  a  tax  for 
interest  shall  be  levied  for  the  difference  only  between  the 
amount  of  the  said  annual  dividends  and  the  amount  of  the 
annual  interest. 

No.  624.  (4.)  Be  it  further  ordained,  that  immediately  after  How  bonds  dd. 
the  passage  of  this  ordinance,  and  its  approval  by  the  voters  of 
the  city,  as  hereinafter  provided,  the  mayor  shall  cause  bonds  to 
be  issued  to  said  railroad  company  for  a  per  centage  of  the  city 
subscription,  equal  to  the  per  centage  which  may  have  been  pre- 
viously called  by  the  board  of  directors  of  said  railroad  company, 
on  the  subscriptions  of  private  stockholders  in  the  city  of  New 
Orleans ;  and,  thereafter,  he  shall  cause  bonds  to  be  issued  to 
said  company  for  the  same  per  centage  that  may  be  demanded 
from  private  stockholders,  under  any  subsequent  call  of  said  board. 

No.  625.  (5.)  Be  it  further  ordained,  that  an  ordinance  Repeal  of  certain 
approved  May  17th,  1852,  entitled  ^^  An  ordinance  providing  for 
the  subscription  by  the  city  of  New  Orleans  to  the  stock  of  the 
New  Orleans,  Jackson  and  Grreat  Northern  Railroad  Company," 
be  and  the  same  is  hereby  repealed,  provided  the  repeal  of  said 
ordinance  shall  not  be  so  con  stnT^d  as  to  relieve  the  city  from  the 
liability  to  collect  and  pay  over  lo  said  railroad  company  that  por- 
tion of  the  railroad  tax  imposed  under  said  ordinance,  payable  in 
the  year  one  thousand  eight  hundred  and  fifty-three,  which  has 
not  yet  been  collected  and  paid  over  to  said  company. 

No.  626.  (6.)  Be  it  further  ordained,  that  within  fifteen  Ratification  of 
day?  after  the  passage  of  this  ordinance,  and  after  ten  days' 
notice  in  two  or  more  of  the  city  newspapers,  to  be  given  by  the 
mayor,  and  on  a  day  within  the  said  fifteen  days  to  be  specified  in 
said  notice  by  said  mayor,  an  election  shall  be  held  for  the  appro- 
val and  ratification  or  rejection  of  this  ordinance  by  the  voters  of 
the  city  of  New  Orleans,  who  have  the  right,  under  existing  laws, 
of  voting  at  city  elections — said  election  to  be  conducted  in  the 
manner  prescribed  by  law  for  city  elections.  At  said  election  the 
voters  who  may  be  in  favor  of  approving  and  ratifying  this  ordi- 
nance shall  write  or  print  on  their  ballots  the  words  '^For  the 
Ordinance,"  and  those  who  are  opposed  to  said  ordinance  shall 
write  or  print  on  their  ballots  the  words  "  Against  the  Ordi- 
nance."    Provided  the  board  of  directors  of  said  company  shall 


220  RAILROADS. 

notify  the  mayor,  in  writing,  before  the  publication  of  the  notice 
of  election,  of  their  consent  to  accept  said  ordinance  j  and  pro- 
vided further,  that  the  provisions  of  this  ordinance  for  a  sub- 
scription to  the  stock  of*  said  New  Orleans,  Jackson,  and 
Great  Northern  Railroad  Company,  shall  not  be  valid  until  this 
ordinance  shall  be  ratified  by  a  majority  of  the  votes  cast  at  the 
election  herein  ordered. 

City  Ordinance,  No.  1463.    Approved  7th  April,  1854. 

Right  of  way.  No.  627.     (1.)  That  the  right  of  way  applied  for  by  the  New 

Orleans,  Jackson  and  Great  Northern  Eailroad  Company  be,  and 
is  hereby  granted. 

Widening  of  No.  628.   (2.)  That  the  mayor  be,  and  is  hereby,  authorized  and 

requested  to  take  immediate  and  necessary  legal  measures  to  have 
Calliope  street  widened  fifteen  feet  on  each  side,  from  Howard 
to  Galvez  street,  and  fifty  feet  on  each  side  of  said  street  from 
Galvez  street  to  the  outer  or  southern  line  of  this  city,  on  con- 
dition that  said  railroad  company  notify  the  mayor,  within  ten 
days  of  the  passage  of  this  resolution,  that  it  will  pay  all  dam- 
ages and  expenses  incurred  in  widening  said  street. 

City  Ordinance,  No.  794.     Approved  15th  March,  1S53. 
For  City  Tax,  see  736. 

ACTS  OF  THE  LEGISLATURE. 
For  act  of  incorporatioD,  see  acts  1853,  p.  109. 
Acts  of  subscription  by  State,  see  acts  1853,  p.  142  and  262. 
Providing  for  subscription  by  city,  see  acts  1854,  p.  72. 


calliope  street . 


2. — NEW   ORLEANS,     OPELOUSAS    AND   GREAT    WESTERN   RAIL- 
ROAD  COMPANY. 

An  Ordinance,  providing  for  tlie  subscription,  by  the  city  of  New  Orleans, 
to  the  capital  stock  of  the  New  Orleans,  Opelousas  and  Great  Western 
Railroad  Company. 

City  BubscripUon  No.  629.  (1.)  Be  it  ordained  by  the  common  council  of  the 
city  of  New  Orleans,  that  the  mayor  subscribe,  on  behalf  of  said 
city,  for  sixty  thousand  shares,  of  twenty-five  dollars  each,  of  the 
capital  stock  of  the  New  Orleans,  Opelousas  and  Great  Western 
Railroad  Company,  amounting  to  one  million  five  hundred 
thousand  dollars. 

How  payable.  No.  630.    (2.)     Be  it  further  ordained,  that  said  subscription 

shall  be  payable  in  bonds  of  the  city  of  New  Orleans,  for  one 
thousand  dollars  each,  having  twenty  years  to  run,  bearing 
interest  at  the  rate  of  six  per  cent,  per  annum,  with  interest 


RAILROADS.  22l 

coupons  attached,  payable  semi-annually  in  New  Orleans  or  New 
York,  as  said  railroad  company  may  prefer,  transferable  by  the 
endorsement  of  the  president  and  secretary  of  said  company,  and 
convertible  into  the  stock  of  said  company,  at  the  option  of  the 
holder,  at  any  time  within  ten  years  after  their  date. 

No.  631.  (3.)  Be  it  further  ordained,  that  a  special  tax  on  special  tax  on 
real  estate  and  slaves  shall  be  levied  in  January  of  each  year,  ""^^^  ®'*''*®'  ^^' 
sufficient  to  pay  the  annual  interest  on  said  bonds,  specifying  the 
rate  of  said  tax,  which  shall  be  collected  at  the  same  time,  and  in 
the  same  manner,  as  *the  consolidated  loan  tax  of  said  city  ;  and 
all  ordinances,  resolutions,  or  other  acts,  passed  by  this  councilj 
after  the  first  day  of  January  in  each  year,  except  an  ordinance 
to  impose  said  consolidated  loan  tax,  and  an  ordinance  to  impose 
a  tax  for  the  payment  of  interest  on  bonds  which  may  hereafter 
be  issued  for  subscription  to  the  New  Orleans,  Jackson  and  Great 
Northern  Kailroad  Company,  shall  be  null  and  void,  unless  a 
resolution  imposing  a  special  tax  for  the  payment  of  the  interest 
on  the  bonds  issued  to  the  New  Orleans,  Opelousas  and  Great 
Western  Railroad  Company  shall  have  been  previously  passed  ; 
provided,  that  no  levy  of  a  tax  for  the  payment  of  interest  on 
said  bonds  shall  be  made  after  the  payment  of  dividends,  of  six 
per  cent,  per  annum,  on  the  stock  of  said  company  held  by  the 
city,  which  dividends  shall  be  applied  by  the  city  to  the  payment 
of  the  interest.  xVnd  provided,  further,  that  whenever  the  divi- 
dends on  said  railroad  stock  of  the  city  shall  amount  to  more  than 
six  per  .cent,  per  annum,  the  excess,  after  the  payment  of  interest, 
shall  be  applied  to  the  purchase  of  the  city  bonds,  issued  under 
the  provisions  of  this  ordinance ;  it  being  understood,  that  when 
dividends  for  less  than  six  per  cent,  per  annum,  are  received  on 
the  railroad  stock  of  the  city,  a  tax  for  interest  shall  be  levied  for 
the  diiference  only  between  the  amount  of  the  said  annual  divi- 
dends and  the  amount  of  the  annual  interest. 

No.  632.  (4.)  Be  it  further  ordained,  that  immediately  after  Bonds,  hotr  de- 
the  passage  of  this  ordinance,  and  its  approval  by  the  voters  of  ^^^^^^^' 
the  city,  as  hereinafter  provided,  the  mayor  shall  cause  bonds  to 
be  issued  to  said  railroad  company  for  a  per  centage  of  the  city 
subscription  equal  to  the  per  centage  which  may  have  been  previ- 
ously called  by  the  board  of  directors  of  said  railroad  company  on 
the  subscriptions  of  private  stockholders  in  the  city  of  New 
Orleans  ',  and  thereafter,  he  shall  cause  bonds  to  be  issued  to  said 
company  for  the  same  per  centage  that  may  be  demanded  from 
private  stockholders,  under  any  subsequent  call  of  said  board. 


this  ordinance. 


222  RAILROADS. 

Repeal  of  certain  No.  633.  (5.)  Be  it  further  ordained,  that  an  ordinance, 
approved  May  13th,  1852,  entitled  "An  ordinance  providing  for 
the  subscription,  by  the  city  of  New  Orleans,  to  the  stock  of  the 
New  Orleans,  Opelousas  and  Great  Western  Railroad  Company,' ' 
be,  and  the  same  is  hereby,  repealed;  provided,  the  repeal  of  said 
ordinance  shall  not  be  so  construed  as  to  relieve  the  city  from 
the  liability  to  collect  and  pay  over  to  said  railroad  company  that 
portion  of  the  railroad  tax  imposed  under  said  ordinance,  payable 
in  the  year  one  thousand  eight  hundred  and  fifty-three,  which 
has  not  yet  been  collected  and  paid  over  to  said  company. 

Ratification  of  No.  634.  (6.)     Be  it  further  ordained,  that  within  fifteen  days 

after  the  passage  of  this  ordinance,  and  after  ten  days'  notice  in  two 
or  more  of  the  city  newspapers,  to  be  given  by  the  mayor,  and 
on  a  day  within  the  said  fifteen  days,  to  be  specified  in  said  notice 
by  said  mayor,  an  election  shall  be  held  for  the  approval  and  rati- 
fication or  rejection  of  this  ordinance,  by  the  voters  of  the  city  of 
New  Orleans,  who  shall  have  the  right,  under  existing  laws,  of 
voting  at  city  elections ;  said  election  to  be  conducted  in  the 
manner  prescribed  by  law  for  city  elections.  At  said  election, 
the  voters  who  may  be  in  favor  of  approving  and  ratifying  this 
ordinance,  shall  write  or  print  on  their  ballots  the  words  "for  the 
ordinance;"  and  those  who  are  opposed  to  said  ordinance,  shall 
write  or  print  on  their  ballots  the  words  "against  the  ordinance;" 
provided  the  board  of  directors  of  said  company  shall  notify  the 
mayor,  in  writing,  before  the  publication  of  the  notice  of  election, 
of  their  consent  to  accept  said  ordinance  ;  and  provided,  further, 
that  the  provisions  of  this  ordinance  for  a  subscription  to  the 
stock  of  said  New  Orleans,  Opelousas  and  Great  Western  Rail- 
road Company,  shall  not  be  valid  until  this  ordinance  shall  be 
ratified  by  a  majority  of  the  votes  cast  at  the  election  herein 
ordered. 

City  Ordinance.  No.  1464.    Approved  7tti  April,  1854, 
*For  City  tax,  see  No.  736. 

ACTS  OF  THE  LEGISLATURE. 

For  the  act  of  Incorporation,  see  acts  4854,  p.  115. 
For  its  amendment,  see  acts  1853,  p.  328  and  1855,  p.  212. 
Act  of  Subscription  by  State,  acts  1853,  p.  141. 
Providing  for  Subscription  by  city,  acts  1854,  p.  59. 


*For  Company's  ferry  privileges,  etc.,  see,  at  City  Hall,  Ordinances 
No.  2290,  1698  and  1804 ;  and  relative  to  certain  lost  bonds,  see  Ordi- 
nances No.  2659  and  2829. 


RAILROADS*  223 

3. — NEW  ORLEANS  AND  CARROLLTON  RAILROAD  COMPANY. 

An  Ordinance  relative  to  the  branch  of  the  New  Orleans  and  Carrollton 
Railroad  Company,  on  Jackson  street,  Fourth  District. 

No.  635.  (1.)  Permission  is  hereby  granted  to  the  New  Or-  Permission  to 
leans  and  Carrollton  Eailroad  Company^  to  continue  their  branch 
railroad  on  Jackson  street^  from  St.  Charles  (late  Nayades) 
street,  to,  the  head  of  Jackson  street,  and  run  their  cars  thereon, 
for  the  unexpired  time  of  their  original  charter,  which  extends 
to  9th  February,  1883,  on  condition  that  the  said  company  shall, 
within  ninety  days  from  the  passage  of  this  ordinance,  cause  the 
track  of  their  road  to  be  removed  from  Tivoli  Circle,  and  placed 
in  the  southwest  street  adjoining,  sufficiently  remote  from  the 
curb-stone,  on  either  side,  to  admit  of  the  free  passage  of  the 
water  in  the  gutters ;  and  also  that  the  said  company  shall, 
within  twelve  months,  cause  the  ditches  on  each  side  of  their 
track  on  St.  Charles  (late  Nayades)  street,  from  Tivoli  Circle  to 
Jackson  street,  except  two  squares  on  each  side  of  Melpomene 
canal,  to  be  filled  up,  and  said  street  regularly  graded,  from  said 
track  to  the  gutters,  under  the  direction  of  the  city  surveyor. 

No.  636.     (2.)  The   foregoing   privilege   shall  be   null   and  Proriso, 
void,  should  it  conflict  with  the  rights  granted  to  the  Lafayette 
and  Pontchartrain  Railroad  Company. 
.  No.  637.     (3.)  Said   Carrollton   Railroad   Company  shall  be  subject  to  police 
subject  to  such  police  ordinances  and  regulations  as  the  common  ordinance, 
council  shall,  from  time  to  time,  deem  advisable. 

City  Ordinance,  No.  2699.    Approved,  March  31st,  1856. 


4. — PONTCHARTRAIN    RAILROAD    COMPANY. 

(The  ordinances  on  this  subject  are  omitted.  They  can  be 
found  at  the  city  hall,  and  are  numbers  1577,  2080,  2543,  and 
2623.) 

For  city  tax,  sec  No.  735,  and  No.  736. 


5. — RAILROADS    GENERALLY. 
ACTS  OF  THE  LEGISLATURE. 
Expropriation  of  lands,  see  acts  1852,  p.  91,  1856,  p.  58. 
Their  right  to  mortgage,  etc.,  see  acts  1854,  p,  112. 
To  provide  for  subscription  to  stock  by  parish  and  municipal  corpora- 
tions, see  acts  1855,  p,  12. 

To  regulate  corporations  generally,  see  page  78  of  this  book. 

To  extend  the  powers  of  railroad  companies,  see  page  83  of  this  book. 


224  RECORDERS. 

Relative  to  taxes  and  bonds  in  New  Orleans,  see  acts  185G,  p.  148, 
Bee.  42;  p.  162,  sec.  117;  p.  152,  sees.  69,  70,  71,  72. 

DECISIONS  OF  THE  SUPREME  COURT. 

The  act  of  March  12th,  1852,  "  providing  for  the  subscription  by  the 
parishes  and  municipal  corporations  of  this  State  to  the  stock  of  corpo- 
rations undertaking  works  of  internal  improvement,  and  for  the  payment 
and  disposal  of  stock  so  subscribed,"  is  constitutional.  The  restric- 
tions imposed  by  articles  108  and  109  of  the  constitution  of  1852,  upon 
the  aid  which  the  State  may  grant  to  corporations  for  internal  improve- 
ments, is  no  limitation  upon  the  aid  which  the  legislature  may  authorize 
the  police  juries,  etc.,  to  grant.  The  burden  imposed  under  the  act  of 
1852  is  a  tax,  etc.  The  power  of  taxation,  and  that  of  taking  private 
property  for  public  use,  are  distinct  things;  in  the  latter  case,  previous 
compensation  must  be  made ;  in  the  former,  though  in  taking  a  man's 
money  you  do  take  his  property,  the  compensation  is  considered  as  sim- 
ultaneously given  in  the  benefit,  which,  as  a  citizen,  he  enjoys  in  common 
with  his  fellow-citizens,  in  the  public  welfare  and  the  public  prosperity, 
to  the  advancement  of  which  the  money  is  to  be  applied.  The  provision 
in  the  act  that  the  contribution  levied  shall  entitle  the  contributor  to 
stock  in  the  corporation,  cannot  be  regarded  as  a  grievance,  and  in  no 
respect  changes  its  character  as  a  tax. — 8  Ann.  341. 

The  city  has  the  right  to  sue  for  the  tax  imposed  under  the  city  ordi- 
nance, passed  in  conformity  with  the  act  of  the  legislature  of  the 
12th  March,  1852.  The  provision  of  the  constitution  of  1845,  which  for- 
bids the  State  to  subscribe  to  the  stock  of  any  corporation,  does  not 
extend  to  such  subscriptions  by  municipal  corporations. — 9  Ann.  501. 

The  assessment  by  the  city  authorities,  on  account  of  the  subscription 
to  railroad  stock,  and  for  the  consolidated  loan  tax,  is  essentially  a  tax. — • 
10  Ann.  762. 

For  other  decisions  see   "Revenue." 


RECORDERS. 


Duty  as  to  vio.         No.  638.     It   shall   be   the   duty  of  the  several  recorders  of 
nances.  this  city  to   hear   and  determine   all   complaints  which  may  be 

brought  before  them,  for  the  violation  of  every  ordinance  of  the 
city,  and  in  ca^e  any  person  shall  be  found  by  them  guilty 
of  any  violation  as  aforesaid,  to  condemn  the  person  or  persons 
so  found  guilty,  to  the  payment  of  the  fine  enacted  for  such 
violation,  and  in  case  of  its  non-payment,  to  an  imprisonment  in 
the  parish  jail  for  a  period  not  exceeding  thirty  days,  or  until 
said  fine  be  paid. 

City  Ordinance,  No.  2324,  sect.  3. 


RECORDERS.  225 

No.  639.     That  the  recorders  of  the  respective   districts  of  Runaway  siayes. 
the  city  be,  and  they  are  hereby  directed  to  commit  all  runaway 
slaves,  as  well  as   persons  of  color  who  may   be  in  the  State  in 
contravention  of  law,  to  the  work  house. 

City  Ordinance  No.  1537. 

No.  640.  It  shall  be  the  duty  of  the  recorders  of  the  several  To  keep  a  book, 
districts  of  this  city,  to  keep  a  book  in  which  shall  be  entered 
daily  the  names,  age,  place  of  birth,  profession,  occupation,  etc., 
of  each  person  brought  before  them,  and  after  examination,  com- 
mitted to  the  work-house  of  this  city — together  with  the  nature 
of  the  charge  made  against  such  person,  the  date  of  his  commit- 
ment and  the  term  for  which  he  was  sentenced  to  remain  in  the 
work-house. 

City  Ordinance,  No.  2903. 

No.  641.     From  and  after  the  passage  of  this  resolution,  it  To  render  weekly 
shall  be  the  duty  of  the  recorders  of  the  several  districts  to  render 
a  weekly  account,  and  to  pay  into  the  treasury  all  fines  collected 


See  Ordinance,  No.  170. 

No.  642.     The  clerks   of  the   recorders   be,  and  are  lierebj^,  Monthly  ac- 
directed  to  report  monthly  to  the  common  council,   the   amount  ^^^^  ^' 
of  fines  assessed,  and  also  the  amount  collected  in  their  several 
districts. 

City  Ordinance,  No.  407. 

No.  643.     Each    of  the   assistant  recorders  elected  by  the  Assistant  re- 
common  council  shall,  when  acting  as  recorder,  receive  the  same  ''°^^^^^- 
ratio  of  compensation  as  the  recorder  in  whose  place  he  shall  act. 
And  in  case  said  recorder  shall  have  no   excuse,  satisfactory   to 
the  council   for  non-attendance  to  his  duties,  said  compensation 
shall  be  deducted  from  his  salary. 

City  Ordinance,  No.  2161 . 
For  Salaries  of  Clerks,  see  "Salaries,"  No.  748. 

No.  644.     That  the  recorder  of  the  second  district  be,    and  cleaning  of  re- 
he  is  hereby,  authorized  to  appoint  a  person  to  clean   the  police  prison.^ 
station   and   prison  of  said   district,  provided   the  pay  does  not 
exceed  twenty-five  dollars  per  month. 

Ordinance  No.  1665. 

That  resolution  No.   1665,   approved  June   30,  1854,   and 

which  authorizes  the  employment  of  a  proper   person  to   clean 

the  police  station  and  prison  of  the  second  district,   at  a  salary 

not  exceeding  twenty-five  dollars   per  month,  be   also   made  to 

29 


226  REOORDEKS. 

include   tlie   cleaning  of  the  recorder's   office   of  said  district, 
without  any  further  increase  of  salary. 

City  Ordinance,  No.  2627. 

For  things  to  be  purchased,  see  No.  582. 
For  necessary  blank  forms,  see  No.  567.* 
For  Recorders'  duty  as  to  burials,  etc.,  see  No.  126, 


STATE  CONSTITUTION. 

Aet.  124.  The  citizens  of  the  city  of  New  Orleans  shall  have  the  right 
of  appointing  the  several  public  officers  necessary  for  the  administration 
of  the  police  of  the  said  city,  pursuant  to  the  mode  of  elections  -which 
shall  be  prescribed  by  the  Legislature  ;  provided,  that  the  mayor  and. 
recorders  shall  be  ineligible  to  a  seat  in  the  general  assembly ;  and  the 
mayor,  recorders,  aldermen  and  assistent  aldermen  shall  be  commissioned 
by  the  governor  as  justices  of  the  peace,  and  the  Legislature  may  vest  in 
them  such  criminal  jurisdiction  as  may  be  necessary  for  the  punishment 
of  minor  crimes  and  offenses,  and  as  the  police  and  good  order  of  said 
city  may  require. 

ACTS  OF  THE  LEGISLATURE. 

See  acts  1820,  p.  22,  sec.  1. 
See  acts  1836,  sec.  19,  p.  35. 

Duties  of  recor-      Sec.  28.     That  the  recorders  shall  have  their  offices  at  such  places  in 
^*"^^'  their  several  districts  as  the  common  council  may  deem  most  convenient, 

and  shall  keep  the  same  open  from  nine  o'clock,  a.  m.,  until  three  o'clock, 
p.  M.,  of  each  day,  Sundays  excepted.  They  shall  be  ex-officio  justices 
and  conservators  of  the  peace,  and  shall  exercise  all  the  duties  now  in- 
vested in  and  imposed  by  law  upon  the  recorders  of  the  city  of  New  Or- 
leans, not  incompatible  with  the  provisions  of  this  act.  They  shall  keep 
a  record  book,  in  which  they  shall  fairly  inscribe,  in  their  order  of  date, 
the  different  criminal  cases  that  may  be  brought  before  them,  by  noting 
down  the  cause,  the  nature  of  the  complaint,  the  names  and  surnames  of 
the  witnesses,  the  date  of  the  warrant  and  of  the  appearance  of  the 
accused,  the  decision,  as  well  as  all  other  proceedings  had  in  the  cause. 
Salary  of  recor-  Their  salaries  shall  be  two  thousand  five  hundred  dollars  per  annum;  and 
*^®"-  no  fees  shall  be  allowed  them  for  their  own  use  and  benefit,  on  any  pre- 

Rocorder's  clerks  tence  whatever.  Each  recorder  shall  be  entitled  to  one  or  more  clerks, 
to  be  appointed  by  said  recorder,  by  and  with  the  advice  and  consent  of 
the  board  of  aldermen,  and  whose  salary  shall  be  fixed  by  the  common 
council.  Any  clerk  so  appointed,  may  be  removed  by  the  recorder 
appointing  him ;  but  in  such  case,  reasons  for  such  removal  shall  be 
forthwith  communicated  in  writing,  to  the  board  of  aldermen. 
Recorders  pro  Sec.  29.     That  the  common  council  shall,  within  one  week  after  its  or- 

chos^en.^'  ^^^  ganization,  elect,  viva  voce,  from  their  own  number,  four  persons,  who 
alone  shall  act  as  recorders  pro  tempore,  in  the  case  of  the  sickness  or 
absence  or  suspension  of  any  one  or  more  of  the  recorders;  and  they  shall 


RE0ORBER8.  227 

receive,  while  so  acting,   the  salary  payable  to  said  recorders,  to  be  de-  Salary  of  recor- 
ducted  from  the  salary  to  the  same.— Acts  1856,  p.  142.  *^®"  P'^^  ^^ 

See  acts  1850,  p.  161,  sees.  19  and  22. 

See  acts  1856,  p.  138,  sees.  10,  and  p.  137,  sees.  6, 7  and  8,  placed  under 
head  of  "  Officers,"  page  188. 

Sec.  34.  That  whenever  any  person  shall  be  accused  of  any  breach  Committing  mag* 
of  the  peace,  crime  or  misdemeanor,  by  the  oath  of  one  or  more  credible  pow^ew  dlmied 
witnesses,  it  shall  be  the  duty  of  the  justice  of  the  peace  or  committing 
magistrate,  before  whom  the  accusation  is  made,  to  receive  the  complaint 
and  to  cause  the  accused  to  be  arrested  and  brought  before  him,  to  be 
examined  according  to  law.  When  the  person  so  accused  shall  have  been 
brought  before  the  justice  or  magistrate,  it  shall  be  his  duty  to  examine 
on  oath  such  witnesses  as  may  appear  against  him,  and  to  reduce  their 
depositions  to  writing.  It  shall  also  be  his  duty  to  receive  the  volun- 
tary declarations  of  the  person  accused,  and  the  answers  which,  without 
promise  or  threat,  he  shall  make  to  the  questions  which  the  examining 
magistrate  shall  put  to  him,  and  to  cause  them  to  be  reduced  to  writing 
and  signed  by  the  prisoner  in  his  presence  and  that  of  two  witnesses  ;  or 
if  he  cannot  sign,  to  mention  that  circumstance,  and  to  certify  the  dec- 
laration witn  his  signature  and  that  of  the  two  witnesses,  which  dec- 
laration, thus  certified  and  signed,  shall  be  evidence  before  the  grand 
and  petit  jury.  After  the  examination  shall  be  thus  made,  if  it  shall  ap- 
pear from  the  testimony  of  the  witnesses  that  a  breach  of  the  peace, 
crime  or  misdemeanor  has  been  committed,  it  shall  be  the  duty  of  the 
magistrate  to  send  the  accuscfl  to  jail  under  the  custody  of  his  constable, 
if  the  crime  be  punishable  wiiii  ucuth,  or  with  imprisonment  at  hard 
labor  for  seven  years  or  more. 

If  the  offense  be  punishable  with  less  severe  penalties,  he  shall  set  him  * 

at  liberty  upon  his  giving  bond  with  approved  security  for  such  sum  as 
the  magistrate  shall  fix,  according  to  the  importance  of  the  offense,  con- 
ditioned for  the  appearance  of  the  party  accused  at  the  next  district 
court,  in  the  parish  in  which  the  offense  shall  hive  been  committed.  If 
he  be  unable  or  refuse  to  give  bond  with  such  security,  the  magistrate 
shall  commit  him  to  prison  until  he  be  delivered  in  due  course  of  law. 

Sec.  35.  That  whenever  a  citizen  of  this  State  shall  be  arrested  or 
confined  out  of  the  parish  or  district  of  his  domicil  on  the  charge  of  hav- 
ing committed  any  bailable  offense,  the  magistrate  may  admit  him  to  bail 
on  the  bond  of  sureties  residing  in  the  same  parish  or  judicial  district  as 
the  accused. 

Sec.  36.     That  in  such  cases  the  bail  bond  shall  be  signed  and  execu-  Magistrates  to 
ted  by  the  sureties  before  a  competent  magistrate  of  the  parish  or  dis-  ciency  of  baiU*^' 
trict  in  which  they  reside,  who  shall  certify  the  sufficiency  of  the  bail  at 
the  foot  of  the  bond.     It  shall  be  made  returnable  to  the  court  beforo 
which  the  accused  is  ordered  to  appear  for  trial,  and  all  proceedings  there- 
on shall  be  had  in  the  same  court. 

Sec.  37.     That   every  magistrate    committing  any  person  to  prison  Magistrates  to 
shall  make  out  a  commitment,  which  shall  be  signed  by  him,  ordering  ^^ts, 
the  sheriff  to  keep  the  person  accused  in  safe  and  sure  custody,  until  de- 


228  RECORDERS. 

livered  by  due  course  of  law,  and  shall  substantially  set  forth  the  nature 
of  the  offense  of  which  such  person  is  accused,  which  commitment  shall 
be  sufficient  warrant  and  justification  to  the  sheriff  or  his  deputy  for  the 
detention  and  imprisonment  of  the  party  so  charged. 
Defendant    may      Sec.  38.     That  when  any  prisoner  or  defendant;  charged  with  having 
bound  ^^over'^^to  committed  any  crime  or  misdemeanor,  shall  swear  that  any  witness  then 
appear.  i^  the  parish  where  he  is  to  be  tried,  is  material  for  his  defense,  and  that 

he  has  reason  to  fear  and  verily  believes  that  he  is  about  to  depart  there- 
rom,  it  shall  be  lawful  for  the  justice   before  whom  the  complaint  was 
made,  or  for  the  court  by  which  the  prisoner  or  defendant  is  to  be  tried, 
to  bind  over  the  witness  for  his  appearance  before  the  court  in  the  same 
manner  as  the  witnesses  on  the  part  of  the  prosecution  are  bound  over. 
Justices  to  take      Sec.  39.     That  when  any  person  is  brought  before  any  justice  of  the 
depositions  in       peace,  charged  with  having  committed  an  offense  against  the  laws  of  the 
■witnesses  and       State,  it  shall  be  the  duty  of  the  justice  to  take  in  writing  the  deposi- 
therefor^  tions  of  all  the  material  witnesses   on  behalf  of  the  State,  and  also  to 

take  their  recognizance  or  bond  in  such  sum  as  may  be  reasonable,  con- 
ditioned for  their  appearance  before  the  court  having  jurisdiction  of  the 
offense,  there  to   give  evidence  in  the  case,  and  not  to  depart  without 
leave  of  the  court;  which  depositions  and  recognizances  or  bonds  shall  be 
forthwith  returned  to  the  clerk's  office  of  the  court  having  jurisdiction  of 
the  case.     They  shall  also  deliver  to  the  clerk  of  said  court  the  money, 
goods  or  chattels  stolen,  the  weapons  used,  the  bills  or  obligations  forged, 
or  any   other  property  or  piece    of  evidence  that  may  be  used  on  the 
trial ;  and  it  shall  be  his  duty  to  receive  and  keep  the  same  in  safe  and 
sure  custody,  subject  to  the  order  of  the  court,  taking  care  to  preserve 
the  identity  of  the  same. 
Breaches  of  peace      Sec.  40.     That  the  justices  of  the  peace    shall  have  power  in  all 
temSated  ""^Ju"-  ^^^®^  '^^  which  it  shall  appear  to  them  by  oath  that  a  breach  of  the  peace 
tices  have  power  has  been  committed,  or  that  there  is  just  cause  to  apprehend  that  a 
soas  or  require  breach  of  the  peace  is  intended,  to  cause  the  party,  charged  with  such 
security.  breach  of  the  peace  or  intention  of  breaking  the  same,    to  be  brought 

before  them  respectively,  and  to  direct  him  to  give  such  security  as  he 
may  deem  reasonable  to  keep  the  peace  of  the  State,  and  to  answer  to  the 
offense  if  any  has  been  committed ;  and  in  case  of  refusal  to  give  such 
security,  to  commit  the  party  so  charged  to  the  custody  of  the  sheriff, 
who  shall  thereupon  imprison  the  party  until  he  shall  enter  into  such 
security  as  has  been  ordered,  before  the  same  or  some  other  judge  or 
justice  of  the  parish. 
Justice  to  specify      Sec.  41.     That  it  shall  be  the  duty  of  every  justice  of  the  peace,   to 

name  and    sur-  ■yrhom  complaint  is  made  of  any  offense  against   the  laws  of  the  State, 
name  of  the  of-  ^  «•,«.,,, 

fender  and  injur-  to  specify  the  name  and  surname  of  the  offender,  and  also  of  the  person 
ed  party.  ^j^^  ^^^  harfe  sustained  the  injury,  in  the  declaration  which  shall  be 

made  before  him   of  such   offense,  as  far  as  he  shall  have  knowledge 
thereof  by  inquiry  made  on  that  subject ;  and  moreover  he  shall  specify 
therein  the  day,   month,  year  and  place  when  and  where  the  offense  • 
complained  of  was  committed. 
Attorney  general      Sec.  42.    That  whenever  the  attorney  general  or  any  district  attorney 
ney  to^make**S  s^^all  be  informed  that  a  crime  or  misdemeanor  has  been  committed,  and 


REOORBERS.  229 

that  no  complaint  or  declaration  thereof  has  been  made  before  any  judge  quiry  when   in- 
or  justice  of  the  peace,  it  shall  be  their  duty  respectively  to  enquire  crime  or  misde- 
ex- officio  into  the  fact  by  causing  all  persons  they  shall  suppose  to  have  "^°°Jj^^  ^^^ 
some  knowledge  of  the  fact  to  be  summoned  before  some  judge  or  justice 
of  the  peace,  that  their  deposition  may  be  taken. 

Sec.  43.     That  warrants  for  the  arrest  of  any  person  accused  of  any  judge  or  justice 
crime   or  misdemeanor,  issued  by  any  judge   or    justice  of  the  peace,  ™nl[g  "nd^u^"" 
shall  be  executed  throughout  the  State,  and  shall  authorize  the   arrest  thorize  arrests, 
of  the  person  accused  upon  being  tacked  or  endorsed  by  some  magistrate 
of  the  parish  wherein  the  offender  may  be. 

Sec.  44.     That  when  any  person  ihall  commit  an  offense    in   one  Expenses  to   be 
parish  and  fly  to  another,    on  complaint  thereof  being  made  to   any  paid  by  the  parish 
justice   of  the  peace   of  the  parish  where  such  offender  shall  be  found,  is  committed, 
it  shall  be  his  duty  to  issue  his  warrant,  directed  to  the  sheriff  or  any 
other  proper  officer,   to   apprehend  and  bring  such  offender  before  him , 
and  if,  on  examination,  the  justice  shall  be  of  opinion  that  he  ought  to 
be  put  on  trial  for  the  alleged  offense,  he  shall  commit  him  to  prison 
until  he  can  be  transferred  to  the  parish  where  the  offense  is  alleged  to 
have  been  committed. 

The  expenses  attending  the  removal  of  such  offender  from  one  parish 
to  another  shall  be  allowed  by  the  court  to  a  reasonable  amount,  and 
shall  be  paid  by  the  State  treasurer. 

Sec.  45.     That  all  process  in  criminal  cases,   issued  by  any  judge  or  Process  in 
justice  of  the  peace   of  the  parish  of  Orleans,  against  persons  charged  New^Oriean?may 
with  crimes  or  misdemeanors,  shall  be  executed  throughout  the  parish  of  be   executed    in 
Jefferson  by  the  officers  charged  with  the   execution  thereof,    without  ferso^without^  ' 
being  endorsed  by  any  judge  or  justice  of  the  parish  of  Jefferson.  endorsement. 

Sec.  46.     That  all  process  in  criminal  cases,  issued  by  any  judge  or  Process  in  Jefifer- 
justice  of  the  peace  of  the  parish  of  Jefferson,  against  persons   charged  cu°ed1n  Orie^* 
with  crimes  or  misdemeanors,  shall  be  executed  throughout  the  parish  of  the  same  way. 
Orleans,   by  the  officer  charged    with  the   execution    thereof,  without 
being  endorsed  by  any  judge  or  justice  of  the  peace  of  the  parish    of 
Jefferson. 

Sec.  47.     That  it  shall  be  lawful  for  any  judge  or  justice  of  the  peace  judges  and  jus- 

to  issue  a  warrant  of  search  for  stolen  goods,  on  the  oath  of  any  creditable  *^°*^ ,  ™"y  "*"® 
.     ,     ,      ,         ...         ,        ,  ,         ,    .  search    warrants 

person,  particularly  describing  the  place  suspected  and  intended  to  be  for    stolen  pro- 
searched.  P*"^*^- 

It  shall  be  lawful  for  him  to  issue  his  warrant  to  search  any  ship, 
vessel,  or  other  water  craft,  or  any  house,  plantation,  or  other  place, 
whenever  any  person  shall  apply  for  the  same,  and  shall  swear  that  he 
has  strong  reasons  to  believe  and  suspect  that  some  slave  of  his  own, 
or  belonging  to  some  person  for  whom  he  is  acting  by  virtue  of  a  power 
of  attorney,  or  other  authority  to  claim  such  slave,  as  the  case  may  be, 
is  concealed  therein.  The  search  warrant  granted  must  expressly 
mention  the  name  of  the  ship,  vessel,  or  other  water  craft,  or  the 
particular  place,  house  or  building  in  which  the  search  is  to  be  made. —  , 

Acts  of  1855,  p.  155. 


230  RECORDER  01"  CONVEYANCES. 

DECISION   OF   SUPREME   COUET. 

In  creating  the  office  of  recorder,  the  framers  of  the  constitution 
evidently  intended  to  place  it  on  the  same  footing  as  that  of  the  other 
justices  of  the  peace  in  the  State,  so  far  as  to  make  them  a  component 
part  of  our  judiciary  department. — 10  Ann.  730. 

See  Art.  124,  State  Constitution,  p.  226. 


RECORDER  OF  CONVEYANCES. 

ACT  OF  THE  LEGISLATURE. 
An  Act  creating  a  Register  of  Conveyances  for  the  parish  of  Orleans. 

Re<»i8ter  of  con-       SECTION  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
veyances  to   be  flie   State     of   Louisiana    in     General    Assembly  convened,     That  there 
fourth  year.        shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  senate,  an  officer  with  the  title  of  register  of  conveyances  for  the 
parish  of  Orleans,  whose  appointment  shall  be  renewed  every  fourth  year. 
Register'*   bond.       ^^^-  2.     That  he  shall  furnish  the  Governor  of  the  State  a  bond,  in  a 
sum  of  fifteen  thousand  dollars,  with  good  and  sufficient  security  of  two 
freeholders  in  the  parish  of  Orleans,  for  the  faithful  performance  of  the 
duties  that  are  imposed  upon  him  by  law. 
Deputy.  Sec.  3.     That  he  may  appoint  a  deputy,  provided,  however,  that  he 

shall  be  responsible  for  his  acts.     The  deputy  shall  take  the  oath  pre- 
scribed by  the  constitution. 
Office  of  register      Sec.  4.     That  it  shall  be  his  duty  to  keep  his  office  in  as  central  a 
where  kept.  situation  as  possible,  and  in  a  brick  house,  and  to  keep  his  record  books 

open  to  the  inspection  of  all  persons,  and  to  deliver  to  them  certificates 
of  the  inscriptions  that  may  have  been  made,  if  they  require  the  same  ; 
Duty  of  register,  ^y^i^ich  certificates  when  signed  by  the  register,  and  sealed  with  the  seal 
of  office,  which  it   shall  be  the  duty  of  said  register  to  keep,  shall  be 
received  in  courts  of  justice  in  evidence  in  the  same  maftner  as  all  other 
public  acts. 
Register  author-      ^^^*  ^-     ^^^^  ^^^  register  is  authorized  to  open  as  many  records  at  a 
ized  to  open  sev-  time  as  may  be  necessary  ;  they  shall  be  numbered  and  paraphed  by  a 
judge  of  the  district.     He  shall  register  all  acts  of  transfer  of  immovea- 
ble  property  or  slaves,  passed  in  the  city  and  parish  of  Orleans,  which 
shall  be  presented  to  him,  in  the  order  in  which  said  acts  shall  have 
been  delivered  to  him,  to  be  registered,  and  in  the  following  manner : 
Manner    of  re.       Sec.  6.     That  when  said  acts  of  transfer  of  property  shall  have  been 
act8.^°^  notarial  ^^^^^^  before  a  notary  public,  it  shall  be  sufficient  that  the  registering 
of  said  acts  be  made,  on  a  certificate  being  presented  from  the  notary, 
Avho  shall  have  passed  said  act,  containing  : 

First — The  date  of  the  act,  and  the  place  where  it  was  passed. 
Second — The  names,  surnames,  and   qualities    of   the  contracting 
parties. 


RECORDER  OP  MORTGAGES.  231 

Third — A  description  of  the  immoveable  property  or  slaves  which 
have  been  transfered,  with  all  necessary  details. 

Fourth — The  price  of  the  transfer,  whether  paid  in  ready  money,  or 

on  time;  in  the  latter  case  what  the  terms  and  conditions   are. 

Sec*  7.     That  whenever  acts  of  transfer  shall  have  been  passed  under  Manner  of  regis- 
.      ,        .         ,  .,         .   ,         ,     „         .  X       ^,  •     X   X         -ix.  X  tering  acts  under 

private  signature,  said  register  shall  register  them  m  toto,  with  an  act  private  sig- 

ascertaining  the  signatures,  if  the  contracting  parties  wish  the  registry  'i«^t"f®« 
of  the  act  to  be  accompanied  with  an  act  ascertaining  their  signatures. 

Sec.  8.     That  whenever  an  act  under  private  signature  shall  be  taken  ?e|^t(f  take*^*^^ 
to  said  register  to  be  recorded,  as  required  by  the  preceding   section,  acknowi  edgment 
he  may,  if  thereunto  requested  by  the  parties,  take  an  acknowledgment  °  ^'^°*  ^^^^' 
of  their  signatures,  which  acknowledgment  shall  be  recorded  with  the 
said  act  under  private  signature. 

Sec.  9.  That  acts,  whether  they  are  passed  before  a  notary  public  Acts  not  regis- 
or  otherwise,  shall  have  no  effect  against  third  persons,  but  from  their  ^^^^^^  again^st  "° 
day  of  being  registered.  third  persons. 

Sec.  10.  That  the  said  register  shall  in  no  wise  make  any  of  the  The  register  can- 
inscriptions,  nor  deliverany  of  the  certificates  Which  by  law  the  recorder  ties  assigned  to 
of  mortgages  in  New  Orleans  has  the  right  of  making  and  delivering. .     recorder  of 

Sec,  11.  That  in  no  case  shall  said  register  be  entitled  to  pass  any  h^  cannot  pass 
of  the  acts  that  notary  publics  are  entitled  to  pass.  notarial  acts. 

Sec.    12.     That    whenever  a  notary  shall  neglect  to  send  to  said  Record  of  ab- 
register  an  extract  of  the  act  by  him  passed,  the  register  is  authorized  ^hich  register  is 
on  the  production  of  an  authentic  copy   of  said  act  to  record  only  authorized  to 
an  extract  therof,  containing  the  same  clauses  as  are  to  be  contained 
in  the  extracts  which  notaries  are  authorized  to  deliver. 

Sec.  13.     That  the  register  of  conveyances  of  the  city  of  New  Orleans  Feeq  of  register, 
shall  be  entitled  to  the  following  fees  of  office,  and  no  other  nor  greater 
fees  shall  ever  be  received  or  demanded  by  him :  for  each  registry  of  a 
conveyance,  one  dollar ;  for  each   alienation,  or  any   other   certificate 
required  of  him,  fifty  cents. 

Sec.  14.  That  it  shall  also  be  the  duty  of  the  register  of  convey-  List  to  be  trans- 
ances,  every  month  to  transfer  to  the  board  of  assessorS'of  New  Orleans,  ^y^^^regist^e'r^^to 
&  list  of  all  conveyances  recorded  in  his  office  during  the  month.  board  of  assessors 

Sec.  15.  That*  all  laws  contrary  to  the  provisions  of  this  act,  and  all  Certain  laws  re- 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil  ^^'^  ^  * 
Code  and  Code  of  Practice,  be  repealed. — Acts  of  1856,  p.  345. 


RECORDER  OF  MORTGAGES. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  creating  a  Recorder  of  Mortgages  for  the  Parish  of  Orleans. 
Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 


the  State  of  Louisiana  in  General  Assembly  convened,  That  the  Govern'-  Recorder  of 
nor  shall  nominate,  and  by  and  with  the  advice  and  consent  of  the  ^^j^^fnSb' 
senate,  appoint  a  recorder  of  mortgages  for  the  parish  of  Orleans,  who  governor. 


232  EEGISTRY. 

Ills  term  of  office,  shall  hold  his  office  for  two  years,  and  until  his  successor  shall  be  duly 
appointed  and  qualified. 

His  bond.  Sec.  2.     That  he  shall  furnish  to  the  Governor  of  the  State  his  bond, 

with  one  or  more  securities,  to  the  amount  of  forty  thousand  dollars,  for 
the  faithful  execution  of  the  duties  required  of  him  by  law,  and  for  the 
payment  of  such  damages  as  may  be  sustained  by  his  failure  to  dis- 
charge such  duties. 

Deputy  recorder.  Sec.  3.  That  he  is  authorized  and  empowered  to  appoint  a  deputy, 
whose  duties  shall  be  the  sume  as  those  of  said  recorder;  provided, 
that  he  and  his  sureties  shall  be  responsible  for  the  official  acts  of  said 
deputy. 

Certain  laws  re-      Sec.  4.     That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 

pealed.  j^^^  ^^  ^j^g  same  subject-matter,  except  what  is  contained  in  the  Civil 

Code  and  Code  of  Practice,  be  repealed. — Acts  1855,  p.  321. 
See  Acts  1855,  p.  406. 


REGISTRY. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  relative  to  Registry. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Bepresentativea 

Notarial  acts  to  of  the  State  of  Louisiana  in  General  Assemble/  convened,     That  no  nota- 

be  recorded.         ^jj^j  ^^^^  concerning  immoveable  property,  shall  have  any  effect  against 

third  persons,  until  the  same  shall  have  been  recorded  in  the  office  of 

the  parish  recorder,  or  register  of  conveyances  of  the  parish  where  such 

immoveable  property  is  situated. 

Manner  and  Sec.  2.     Thati  all  sales  of  lands  or  slaves   made   by  any  sheriff  or 

place  of  recording  Q^j^gj.  officer,  by  virtue  of  any  execution  ;  all  marriage  contracts  made 

within  this  State,  tending  in  anywise  to  convey,  transfer,  assure,  or 

effect  the  estates  of  the  parties,  or  being  only  intended  to  ascertain  the 

dotal  rights  of  the  wife,  or  that  her  marriage  portion  is  liable  to  some 

reserves,  or  stipulated  to  be  paraphernalia,  or  extra  dotal  property  ;  all 

final  judgments  shall  be  recorded  as  follows,   to  wit :  where  lands  or 

other  immoveable  property  are  to  be  affected,  the  recording  shall  be  in 

the  parish  where  the  lands  or  other  immoveable  estates  shall  be  situated, 

and  when  slaves  are  to  be  affected,  then  in  the  parish  where  the  party, 

gaid  acts  to  be  whose  estate  is  to  be  affected,  shall  have  his  domicil.     And  all  sales, 

corded^  ^^^   '^*  contracts,  and  judgments,  which  shall  not  be  so  recorded,  shall  be  ut- 

When  said  record  terly  null  and  void,  except  between  the  parties  thereto.     The  recording 

persons*^^'^*^         may  be  made  at  any  time,  but  shall  only  effect  third  persons  from  the 

time  of  the  recording. 
Certain  laws  re-      gj-c.  3.     That  all  laws  contrary  to  the  provisions  of  this  act,  and  all 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil 
Code  and  Code  of  Practice,  be  repealed.— Acts  of  1855,  p.  335. 


REGISTRY  OP  BIRTHS  AND  DEATHS.  233 

REGISTRY  OF  BIRTHS  AND  DEATHS. 

ACTS  OP  THE  LEGISLATURE. 
An  Act  to  provide  for  the  Registry  of  Births  and  Deaths. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  Record  of  births 

T-  ,     mi         •        I.    11   1       and  deaths  to  bo 

the  State  of  Louinana  in   General  Assembly  convened,  That  it  shall  be  kept    by    lecor- 

the  duty  of  all  the  parish  recoriiers  of  the  State  to  record  all  the  births  *^'^^^- 

of  white  persons  in  a  book  bound  and  kept  for  that  purpose,  by  order 

of  dates,  and  likewise  to  record  all  deaths  of  white  persons  in  another 

book  kept  in  the  same  manner. 

Sec.  2.     That  it  shall  be  the  duty  of  the  parish  recorder  to  receive  Delay  for  receiv- 
declarations  of  births  within  eight  days  from  the  birth.    They  may  how-  of  births. 
ever  extend  that  delay  to  two  months  after  the  birth,  when   a  declara- 
tion could  not  be   made  sooner,  on  account  of  the  persons,  who  are  to 
make  the  same,  living  at  a  distance,  or  being  prevented  by  sickness  or 
other  lawful  impediment. 

Sec.  3.     That  the  birth  of  a  child  shall  be  declared  by  his  father,  or  p,ipth,  by  whom 
in  case  the  father  could  not  make  the  said  declaration,  by  any  other  declared,  and 
person  who  may  have  been  present  at  the  birth  of  the  child,    and  the 
said  birth   shall  be  immediately  recorded  in  the  presence  of  two  wit- 
nesses. 

Sec.  4.     That  the  said  records  shall  contain  the  day,  hour  and  place  Record,  rrhat  to 

of  birth,  the  sex  of  the  child,  and  the  first  name  or  names  given  to  the 

child,  the  first  name   or  names,    profession  and  residence  of  the  father 

and  mother,  and  the  names  of  the  witnesses. 

Sec.  5.    That  deaths  shall  be  recorded  by  the  parish  recorders,  upon  Uedarntion  of 

deith,by  whom 
the  declaration  of  two  witnesses,  who  shall  be,  if  possible,  the  two  nearest  to  be  made. 

relatives  or  neighbors  of  the  deceased,  or  when  a  person  shall  have  died 

out  of  his  house,  the  person  at  whose  house  he  shall  have  died,  with  a 

relation  or  another. 

Sec.  6.    That  the  record  of  deaths  shall  contain  the  name  in  full,  age.  Record  of  decla- 
trade  and  residence  of  the  deceased,   the  name  in  full  of  the  surviving  ^hat"to^  contain! 
consort,  if  the  person  deceased  was  married,  or  a  widower,  or  a  widow, 
the  name,  age,  profession  and  residence  of  declarants,  and  if  they  be 
relatives,  their  degree  of  relationship.     The  same  record  shall  contain, 
as  far  as  the  same  may  be  ascertained,  the  christian  names,  profession  " 
and  residence  of  the  father  and  mother  of  the  deceased,  and  the  place  of 
his  or  her  birth. 

SeC:  7.     That  there  shall  be   kept,  for  the  recording  of  births  and  Record  of  births 
deaths  of  free  people  of  color,  books  similar  to  those  which  shall  be  kept  f^"  o  peopl?  of  ^^'^ 
for  white  persons,  and  the  formalities  above  prescribed  concerning  white  color, 
persons  shall  be  observed  with  respect  to  people  of  color. 

Sec.  8.     That  no  person  out  of  the  parish  of  Orleans  shall  be  under  Out  of  the  pari.'h 
any  legal  obligation  to  have  a  birth  or  death  recorded.  pcr.Sn'obHged'to 

Sec.  9.     That  the  birth  of  every  free   child  in  the  parish  of  Orleans  have    births    or 
,,.,,,         ,     ,         .  .  ,  .         ,  .  ,  .  ,    ,  dciiths  recorded. 

B  lall  be  declared  therein  withm  thirty  days,   as  provided  in  the  pre-  Delay  for  dedar- 
ceeding  sections.    Every  person  offending  against  the  provisions  of  ork-aoa!^^  *"  ^* 


234  REGISTRY  OV  VOTERS. 

ren.iify  for  net  this  sc^tion  shall  pay  a  fine  of  not  less  than  five  nor  more  then  ten  dol- 

fonforraing  t.)        ,  i     ,n  „        ,      ,  ,.       «     ■      .    „ 

6UUK'.  lar.=,  one-half  for  the  bsnent  of  the  informer. 

Delay  for  c'eclar-      Sec    10.     Tliat  the  death  of  every  free  person   within  the  parish  of 

Orkans!^'*^^  ^''  O^'^c-'ins  shall  be  declared  therein  within  thirty  days.     This  declaration 

shall  be  made  by  the  nearest  relations  of  the  deceased  if  they  are  present, 

and  in  case  of  absence,  by  the  testamentary  executor,  if  there  is  one  ; 

if  none,  by  the  owner  of  or  tenant  of  the  house  in  which  the  individual 

Penalty  for  not  died;  and  every  person  offending  agains^  provisions  of  this  section  shall 

thereto?"^  be  fined  not  less  than  five  nor  more  than  ten  dollars. 

I?('corjer  of  Sec.  11.     That  for  the  parish  of  Orleans,  there  shall  be  an  office  of 

in^^^e^' Orleans!  record  of  births  and  deaths,  whereof  the  officer  shall  be  appointed  by 

the  Governor. 
Tee  for  rccordins      Sec.  12.     That  for  every  record  of  birth  and   death,  and  for  regis- 
rt   or  death.     ^QYing;  the  same,  henceforward  the  sum  of  fifty  cents  shall  be  allowed. 
Certain  laTTs  re-       Skc.  13.     That  all  laws  or  parts  of  laws  conflicting  with  the  provisions 
^^   ^  of  this  act,  and  all  laws  on  the  same  subject-matter,  except  what  is  con- 

tained in  the  Civil  Code  and  Code  of  Practice,  be  repealed. — Acts  of 
1855,  p.  41. 


BEGISTRY  OF  VOTERS. 


ACTS  OF   THE   LEGISLATURE. 

An  Act  providing  for  the  registry  of  the  names  and  residence  of  all  the 
qualified  electors  of  the  city  of  New  Orleans,  according  to  article 
eleventh  of  the  constitution  of  the  State. 

Section  1.     Be  it  enacted  by    the   Senate  and  House    of  Pepresenia- 

Appointment   of  lives    cf   the   State    of  Louisiana    in    General  Assembly  convened,    That 

there   shall  be   appointed   by  the   Governor  of  this  State,    by  and  with 

the   advice  of  the  Senate,  for  the   period  of  four  years  from  the  fourth 

Mondoy    of   January,    one    thousand    eight  hundred    and   fifty-six,    a 

discreet   citizen  of  the  city   of  New  Orleans,   as  register  of  the  names 

and  residence  of  all   the  qualified  electors  of  said  city,  as  contemplated 

His  duty  to  reg-  by  the  eleventh   section  of  the  constitution  of  this  State,   whose   duty  it 

iJmeucc"^of  "vol  s^li'i^^  ^e  to  register  the  names  and  residence  of  all  the  qualified  electors 

ters  in  '•(  rigi  .ill  of  said  clty,  in  a  well  bound  book,  which  he  shall  keep  for  that  purpose, 

"^  *      to  be  called  "  Original  Registry  of  Voters,"   in  which  he  shall  register, 

day  by  dny  as  they  appear,  the   names  and  residence  of  all  the  qualified 

electors  of  the  city  of  New  Orleans. 

Xamcs   of  -ffhat      Sec.  2.     That  it  shall  be  the  duty  of  the  register,  only  to  place  on  the 

lersoiiB    to     bo  pfffistrv  the  naraes  and  residence  of  such  citizens  as,  by  the  constitution 
registered.  -^  fo       .7  ^     ^  ^  ^     J 

and  laws  now  existing,  or  which  shall  hereafter  be  enacted,  may  be  en- 
titled to  vote ;  and  in  the  performance  of  his  duties  he  shall  conform  to 
the  following  directions : 
Form  of  registry       ^^^-    The  registry  book  shall  contain  opposite  the  name  and  residence 
of  the  elector  registered,  proper  divisions  showing  the  date  of  the  registry, 


REGISTRY  OP  VOTERS.  235 

how  long  ho  has  resided  in  the   State,  parish  or  precinct,  whether  a 

native  or  naturalized  citizen,  and  how,  when  and  where  naturalized^  and 

the  signature  of  the  elector  opposite  the  registry  of  his  nnme,  and  when 

he  knows  not  bow  to  write,  his  mark  to  be  witnessed  by  the  register. 

Sec.  3.     That  every  citizen  naturalized,  in  any  of  the  State  or  Federal  Evidence    to  bo 

,     ^        .  •  .     11   1  .  1  11  .   .  /.I  -     produced  by  nat- 

courts,  before  his  name  shall  be  registered,  under  the  provisions  of  this  uraiktd  citizens. 

act,  shall  produce  the  certificate  of  his  naturalization,   unless  he  makes 
af&davit  that  ho  has  lost  the  same,  and  in  such  case  the  certificate  of  nat- 
uralization shall  be  supplied  by  a  certificate   of  the  clerk  of  the  court 
which  granted  the  naturalization,  setting  forth  the  facts  as  appearing  on 
the  records  of  his  court;  and  on  application  to  the  clerk  of  any  court  of  Duty  of  clorjjs  to 
this  State,  said  clerk  shall  deliver  a  certificate  to  such  naturalized  citizen,  ficates. 
free  of  charge,  within  one  week  after  application  therefor,    and  should 
the  clerk  refuse  to   do  so,  he  shall  be  subject  to  a  fine  of  one  hundred  Penalty  for  not 
dollars,  recoverable  by  the  applicant  before  any  court  of  competent  ^°   ^^^^' 
jurisdiction  of  this  State. 

Sec.  4.     That  should  the  applicant  for  registry  not  have  been  born  Affldavib   to    bo 
within  the  limits   of  the  United  States,  and   has  afterwards  become  a  ^ersona^noTbcm 

citizen  thereof,  otherwise  than  by  naturalization  in  fhe  courts,  then  he  citizen*'    ff   iJio 

.      1  „      11^..  1^  ■,      .  .  1  ...  United  States, 

shall  set  forth  the  facts  in  an  affidavit,  stating  the  particular  circum- 
stances whereby  he  has  become  a  citizen ;  such  as  by  the  naturalization 
of  his  father,  by  residence  in  any  State  or  Territory  when  the  sam^  was 
acquired  or  ceded  to  the  United  States  or  become  a  State  of  the  Union, 
or  in  any  other  manner  whereby,  under  the  laws  of  the  United  States, 
he  would  become  by  the  fact  itself,  a  citizen  of  the  United  States. 

Sec.  5.     That  the  register  shnll  i.«pne  to  every  citizen,  when  his  name  Cortifir'nto  to  bo 
is  registered,   an  original  certiticaLc    correopouding  in  name,  residence,  ^^/s^'/VfJ *^  rJ.'Ji 
number  and  date,  with  the  original  registry,  and  the  presentation  of  such  ister. 
certificate,   if  required  by  the  commissioner  of  election,  shall  make  full 
proof  of  the  facts  contained  therein,  and  of  the  elector's  right  to  vote  at 
the  date  of  the  granting  of  such  certificate.     But  where  the  lamo  of  the 
elector  shall  appear  on  the  list  required  to  be  furnished  by  the  register 
to  the  commissioners  of  election,  they  shall  not  have  the  right  to  require 
the  production  of  the  certificates  of  registry  ;  where  such  certificates  are 
issued  to  naturalized  citizens,  they  shall  set  forth,  besides  the  facts  abovo 
mentioned,  the  time   and  place  of  naturalization,  and  the  court,  before 
which    such  naturalization  has  been   granted,  and  in   cases  where  tho 
naturalization  papers  or  the  certificate  thereof  were  not  presented  to  tho 
register,  or  where  naturalization  resulted  from  the  law,  the  fact  shall  be 
stated  buccinctly  but  clearly  in  the  certificate. 

Sec.  G.  That  in  the  event  of  the  loss  or  destruction  of  any  certificate  Dnplicafe  ccrtifi- 
issued  by  tho  register,  the  elector  to  whom  it  was  issued  shall,  on  per-  i^  ccrtaici  cases! 
sonal  application  to  the  register,  require  and  obtain  from  him  a  ropy  of 
tho  original  certificate:  Provided  he  will  make  affidavit  of  the  fiict  of  loss 
or  destruction,  and  which  affidavit  shall  be  written  and  appear  on  tho 
back  of  the  duplicate,  which  it  is  the  duty  of  tho  register  to  issue  to  him; 
and  in  such  case  the  register  shall  make  an  entry  in  the  original  registry, 
of  the  fact  of  a  duplicate  certificate  having  issued,  and  the  reason  there- 
of, and  the  date  of  the  same  ;  said  duplicate  certificate  shall  bear  tho 


236  REGISTRY  OP  VOTERS. 

date  of  the  original,  and  the  date  of  the  afl&davit  shall  be  considered  the 
date  of  the  issuance  of  such  duplicate. 
Change  of  domi-      Sec.  7.     That  on  change  of  domicil,   whereby  the  registered  elector 
rll^Kt^y  and I-h"  becomes  resident  in  another  precinct,  than  that   of  hid  original  or  last 
tificatc  thereof     registry,  he  shall  in  person  notify  the  register  of  the  fact,  who  shall  make 
entry  thereof  on  the  original  registry,  and  certify  such  fact  on  the  orig- 
inal certificate  or  the  duplicate  thereof,  which  may  have  been  granted. 
Reg'stry  to  be  Seo.  8.     That  when  by  the  laws  now  in  force,  or  which  may  hereafter 

^f!!^rJ!.^  ?!!!i'!!l  be  enacted,  a  regularly  registered  elector  shall  have  lost  his  domicil,  by 
of  r«)acqui.-itioa  reason  of  his  removal  or  absence  from  the  State  or  otherwise,  he  shall, 
on  a  resumption  of  or  a  re-acquisition  of  his  domicil,  cause  his  name  and 
residence  to  be   again  registered   on  the  original  registry,  in  the  same 
manner  as  if  he  had  not  been  previously  registered. 
Judicial  proceed-      Sec.  0.     That  should  the  register  illegally  refuse  to  register  the  name 
registry.  *°  ^^^'^  ^'^^  residence  of  a  qualified  elector,  who,  in  the  presence  of  another  qual' 
ified  elector,  shall  have  presented  himself  for  registry,  and  did  comply  or 
offer  to  comply  with  the  provisions  of  this  act,  such  elector  shall  have 
the  right  of  citing  said  register  before  any  one  of  the  district  courts  of  the 
city  of  New  Orleans,  to   show  cause  within  three  days  after  service  of 
such  citation,    why  he  shall  not  make  such  registry  ;  and  the  judge  of 
said  court  shall  summarily  try  such  issue,  and  in  the  event  of  no  sufficient 
cause  being  shown,  and  on  the  proof  of  the  complainant's  right  to  be  reg- 
istered, under  the  laws  now  in  force  or  which  may  be  hereafter  enacted, 
the  said  judge  shall  render  judgment  in   favor  of  the  complainant,  and 
shall  issue  his  mandate  to  the  register  requiring  him  to  register  the  name 
and  residence  of  the  complainant:  Provided,  however,  that  no  mandate 
of  this  nature  shall  require  the  registry  of  any  name  or  residence  of  any 
person  during  the  period  of  time  when  the  registry  book  is  required  by 
the  tenth  section  of  this  act  to  be  closed. 
Registry,    when      Sec.  10.  That  the  register  shall  keep  the  registry  open  every  day  in  the 
to  bo  kept  open.  ^^^^^   frQjj,  nine  o'clock  in  the  morning  until  three  in  the  afternoon,  ex- 
cept Sundays  and  other  days  which,  by  existing  laws,  are  made  holidays, 
and  may  keep  his  office  open  till  sundown  ;  but  he  shall  not  permit  any 
original  registering  in   his   office  within  three  days  before  any  general 
election  for  State  officers,  or  any  general  election  for  city  officers,  but  the 
office  shall  remain  open  for  all  the  other  purposes  of  this  act. 
Books  to  bo  kept      Sec.  11.     That   besides   his    original   general  register  herein  before 
y  regid  er.  described,  the  register  shall  keep  an  index  thereof,  in  which  he  shall  copy 

all  the  names,  alphabetically  arranged;    and  he  shall  besides  keep  a 
precinct  registry  for  each  precinct,  in  which  he  shall  copy  from  the  origi- 
nal register,   the  registry  of  the  voters  of  each  precinct  arranged  in 
alphabetical   order;  such  precinct  books  shall,  as  far  as  practicable,  be 
written  up  day  by  day  from  the  original  registry. 
Certified  copv  of      Sec.  12.     That   the  register  shall,   on  the  morning  of  any  general 
ToTe  dt5iT(fredTo  ejection  at  the  opening  of  the  poll  at  each  precinct  in  the  city,    deliver 
the  .omniiss-iou-  \^  person  or  by  deputy  to  the  commissioners  of  election,   a  duly  certified 

er.*  of  ^eiif'i'iil  i  ./        »      v  »i 

eieciiona  by  the  copy,  written  in  a  fair  hand  writing,  of  the  precinct  registry,  of  all   the 
reguier.  names  and  residences  of  qualified  electors  as  they  appear  on  his  register, 

alphabetically  arranged,  for  the  respective  precincts  of  the  city,  with 


EEQISTRY  OP  VOTERS. 


237 


one  inch  margin  on  the  left  hand  skle ;  and  it  shall  be  the  duty  of  the 

commissioners  of  elections,    whenever  an   elector  shall  have  voted,    to 

mark  on  said  margin  opposite  his  name,  the  word  "  voted,"  in  a  fair  and 

legible  hand.     Should  the  register  fail  in  this   duty,  or  any  other  duty  Pennlty  in  cafe 

required  by  any  of  the  provisions   of  this   act,    he  shall  forfeit  his  salary  faiTin^ny^duty 

or  fees  of  ofiioe,  or  so  much  thereof,  according  to  the  gravity   of  his  under  this  act. 

act  of  oommission  or  omission,  as  shall  be  decided  in  a   suit  or   suits  to 

be  brought  against  him  in  either  of  the  courts  of  the  parish  of  Orleans, 

by  the   attorney  general   of  the  State,   in  the  name   of  the  State   of 

Louisiana;  but  said  register  shall  have  the  right  of  appeal  to  the  Supreme 

court  of  the   State,   and  in   the  mean  time,  the  governor  may   suspend 

him   from   his   functions  and   appoint  a  substitute,    who    shall  thereby  Governor      may 

assume  all  the  powers  and  incur  all  the  responsibilities  of  the  suspended  tute'lu   certaiti 

register.  '''''''^' 

Sec.   1 3.     That  should  the  gravity  of  the  violation  of  the  spirit  and  I'^'^er  of  govern. 

.  .   .  o  ^  *  .        or  to  remove  ihe 

intention  of  the  provisions  of  this  act,  in   the   opinion  of  the  executive  register  and  ap- 

of  the  State,  warrant  the  removal  of  such  register,   he  shall  appoint  a  ^°^"'  ^'^  ^^^"*' 

successor  to  serve  out   the   unexpired    term   of  four  years,   and   such 

successor,    or  any  subsequent  successor,  shall   be   liable   to  the  same 

suspension  or  removal,  at  the  pleasure  of  the   executive ;    and   the   said 

executive  shall,  however,    assign  his   reasons  therefor  to   the  senate  at 

the  first  meeting  of  the  legislature  thereafter. 

Sec.  14.  That  the  penalties  and  liabiliiies  herein  created,  shall  in  Kegi.«ter  liable  in 
no  manner  exempt  the  register,  or  his  substitute  or  successor  from  any  lain  cases, 
liability  to  answer  in  damages  to  any  citizen,  whether  the  elector  or 
candidate  who  can  establish  by  isuit,  brought  in  any  district  court  of 
the  parish  of  Orleans,  that  he  has  been  injured  in  the  political  rights 
secured  to  him  by  the  constitution  and  laws  of  this  State  by  the  act  of 
such  register,  or  other  appointed  in  his  lieu^  and  stead ;  and  the 
complainant  shall  not  be  required  to  lay  or  prove  any  special  damages 
other  than  the  injury  to  his  political  rights. 

Sec.  15.     That  the  possession  of  the  certificate  of  registry,   issued  to  Certificate  to  be 
the  legally  registered  elector,  shall  be  the  evidence  of  his  legal  registry  dencc"^of*aTijiht 
and  shall  be  conclusive  evidence    of  that  fact,    and  any   mistake   or  ot-^'^ote. 
omission  of  the  register  to  place  his  name  on  the. certified  lists  of  registry 
to  hi  furnished  to   the  commissioners  of  the   different  precincts   shall  in 
no  manner  effect  such  elector's  I'ight  to  vote,  so  far  as  the  fact  of  legal 
registry  is  in  question,  and  the  commissioners  shall  not  have  any  power 
or  discretion  to   refuse   to   receive   his   vote  on  the  ground  of  or  for  the 
reason  that  his  name  has  been   omitted  in  the  list  so  furnished  by  the 
register,  and   the  commissioner   or  commissioners  so  refusing   shall  in 
solido  be  fined  in  a  sum  of  not  more   than   one   thousand   dollars  and  Penalty, 
imprisonment  for  not  more  than   one  year,   after  conviction   on  trial 
before  the  first  district  court  of  New  Orleans,   or  indictment  for  infor- 
mation, and  shall  moreover  be  answerable  to  the  rejected   elector,    on 
suit   brought  by  him   before  any   court   of  the  parish  of    Orleans,   in 
such  sum  as  the  jury  may  in  verdict  award  to  him,  and  he  shall  not  be 
required  to  prove  any  special  damages  further  than  his  being,  by  the  act 
of  the  defendant,  deprived  of  his  legal  right  of  suffrage. 


238  REGISTRY  OP  VOTERS. 

Bond  «nd  softuri-      Sec.  16.     That  the  person  appointed  register  shall  give  a  bond,  with 

od  by  registen^^'  Security  to  be  approved  and  taken  by  the  attorney  general  of  the  State, 

in  the  sum  of  ten  thousand  dollars,  payable  to  the  Governor  of  the  State, 

and  his  successors  in  office,  conditioned  for  the  fiiithful  discharge   of  his 

Proceedings    on  duties  as  such  according  to  law,  and   which  bond  shall  be  filed  with    the 

regi^ter^and  liis  treasurer  of  the  State,  who   shall,    on  application,  deliver  to  any  person 

surety.  -y^j^o  may  apply  therefor  a  certified  copy  thereof,  and  in  the  event  of  any 

judgment  ootained  under  this  act  by   the  State   of  Louisiana,    or  any 

cinzen  thereof,  against  the  said  register,   the  surety  or  sureties  on   said 

bond  shall,  on  a  return  of  nulla  bona  to  an   execution  issued  against  the 

register,  be  liable  to  an  action  on  the  bond,  and  the  certified  copy  shall 

make  proof  as  fully  as  the  original  bond. 

Oath  of  office.  The  said  register  shall  take  the  oath  prescribed  by  the  ninetieth 

article  of  the  constitution  of  the  State,  before  any  judge  or  justice  of 

the  peace. 

KegistiT  author-      Sec.  17.     That  said  register  is  hereby  vested  with  the  power  to 

ter  cerufQ  oatlis!  administer  all  oaths  which  are  necessary  for  the  proper   exercise   of  the 

duties  required  of  him  by  the  provisions  of  this  act,  and  any  person 

who  shall  be  convicted  of  having  taken  any  false  oath   before  him  shall 

be  deemed  and  held  to  be  guilty  of  the  crime  of  perjury,  and  shall  be 

liable  to  the  penalties  provided  by  law  for  the  punishment  of  that  crime. 

Salary  of  register      Sec.  18.     That  the  register  shall,  while  in   office,    receive  the  sum  of 

five  thousand  debars  per  annum,  payable  quarterly ;  provided  however, 

that  the  said  salary  may  be  reduced  by  act  of  the  legislature,    at  any 

time  or  times   after  the  first  year  of  office ;  and  provided  that  such 

reduction  shall  only  begin  from  and   after  the  current  year  in  which 

Salary  by  whom  such  act   is   passed,    which  salary   shall  be   paid   by  the   city  of  New 

^  Orleans,    and  the  said  city   of  New  Orleans   shall  provide   a  suitable 

Registar's  Office,  office  for  the  register  in  the  city  hall  of  said  city. 

Books  to  be  pro-  The  city  of  New  Orleans  shall  provide  the  register  with  proper 
vide  ytocity.  books  for  his  office,  with  blank  certificates  and  stationery,  and  the 
Kegister  not  to  register  shall  not  be  permitted,  directly  or  indirectly,  to  charge  any  fee 
c  arge  ees.  ^^  require  or  receive  from  any  elector  any  compensation  for  the  per- 

formance of  any  of  his  official  duties. 
Register  author-       Sec.  19.     That  the  register  shall  have  the  right  of  appointing  one 
erne  deputy?*"       deputy,  to  be  paid  by  himself,  for  whose  acts  he   shall  be  responsible  ; 
said  deputy  is  hereby  authorized  to  perform  and   fulfill  all  the   duties 
and  functions  incumbent  on   said  register  by  this   act,   in  the  same 
manner  as  the  register  himself,   but  the  powers   of  said  deputy   shall 
cease  with  the  suspension  or  removal  of  said  register,  and  said  register 
shall  administer  to   his   deputy   the   oath  required  by   the  ninetieth 
article  of  the  constitution. 
Persftns    having      Sec.  20.     That  from   and  after  the  first  Monday  of  October  next  any 
this  act  after  first  person  having  complied  with  the  provisions  of  this  act  shall  be  entitled 
Monday  in  Octo-  ^^  yoiQ,  and  whenever  the  right   of  any   person   shall  be  challenged  at 
have  the  right  to  the  polls,  the  certificate  of  registry  issued  to  such  person  shall  be  held 
conclusive  of  the  right  of  said  person  to  vote,  and  no  commissioner   or 
commissioners  of  elections  shall  require,  under  the  pains  and  penalties 
imposed  by  the  sixteenth  section  of  this  act,  any  other  evidence  of  the 


REVENUES-TAXES  AND  LICENSES.  239 

right  of  said  person  to  vote,  except  that  portion  of  the  oath  prescribed 

by  article  ninetieth  of  the  constitution  respecting  dueling,    and  the 

following  oath  or  affirmation,  viz  :  You   solemnly  swear   (or  affirm,  as  Oath  they  may 

the  case  may  be)  that  you  are  the  identical  person  described  in  and  to  take^^"^'^'^ 

whom  this   certificate  was  issued,   and   that  you   are  not  a  soldier, 

seamen  or  marine  in  the  army  or  navy  of  the  United  States,    nor  under 

conviction  of  crime  punishable  by  hard  labor,  nor  a  pauper. 

Sec.  21.     That  no  person  shall  be  entitled  to  vote  who  shall  not  have  No  perron  entl. 

.  ,        ,,.  .  ..1    XT-  •   •  ^xi-         i  lied  to  vot«  whoso 

registered  his  name  in  pursuance  with  the  provisions  ot  this  act.  name  phaii  not 

Sec.  22.     That  the  act  enti  led  «'An  act  to  provide  for  the  registry  of  Cer7a?a^acts'  re- 

the  names  and  residences  of  all  the   qualified   electors  in   the   city   of  pealed. 

New  Orleans,"  approved  16th  March,  1854,  be  and  the  same  is  hereby 

repealed. — Acts  of  1856,  p.  131. 


EEVENUE—TAXES  AND  LICENSES. 

An  Ordinance  to  establish  a  uniform  rate  of  Taxes  and  Licenses  on 
Professions,  Callings,  and  other  business,  and  on  Carriages,  Hacks, 
Drays,  and  other  Vehicles. 

Be  it  Ordained  hy  the  common  coxmcil  of  JSIeio  OrleanSj  That 
from  and  after  the  first  day  of  January,  1857,  the  taxes  and 
licenses  for  professions,  callings,  and  other  business,  throughout 
the  city  and  parish  shall  be  fixed,  assessed  and  collected,  at  the 
rates  and  sums  specially  set  forth  in  the  following  sections  : 

No.  645.     (1  )  On  every  agent  of  a  bank  not  incorporated  Bank  agencie?. 
in  the  State  of  Louisiana,  engaged  in  buying  or  selling  exchange, 
five  hundred  dollars. 

No.  646.     (2.)  Each  and  every  insurance  company,  doing  insurarce  com- 
business  in  the  city  of  New  Orleans,  and  each  and  every  agency  agende " 
of  an  insurance  company,  foreign  or  otherwise,  doing  business 
in  said  city,  shall  pay  an  annual  tax  or  license  of  one  per  cent, 
on  the  gross  amount  of  their  premiums  for  fire  risks,  the  same' 
to  be  assessed  upon  their  last  annual  statement ;  and  in  case  no 
annual  statement  has  been  made,  then  the  above  said  tax  of  one 
per  cent,  shall  be  assessed  upon  their  quarterly  statements,  which 
shall  be  furnished  to  the  city  treasurer :  Provided,  that  in  no 
case  shall  said  tax  be  less  than  the  sum  of  five  hundred  dollars 
upon  each  and  every  insurance  company  or  agency  aforesaid. 
All  companies  or  agencies  not  doing  a  fire  insurance  business 
(excepting  life  agencies)  to  pay  five  hundred  dollars  license  or 
tax )  and  all  agencies  doing  a  life  insurance  business  only,  one 
hundred  dollars. 


240  REVENUE — TAXES  AND  LICENSES. 

Theatres  and  No.  647.     (3.)  On  Gverv  keeper  or  lessee  of  a  theatre  or     s 

amphitheatres.  ,..  \ttiiii 

amphitheatre,  three  hundred  dollars. 
RacccourBeB.  No.  648.     (4.)  On  each  and  every  race  course,  five  hundred 

dollars. 
Cockpits.  No.  649.     (5.)  Every  keeper  of  a  cock-pit,  two  hundred  and 

fifty  dollars, 
siave  marts-  No.  650.     (6.)  On   every  establishment  where  negroes  are 

kept  for  sale,  five  hundred  dollars. 
Private  banking      No.  651.     (7.)  On  every  private  banking  house  or  firm,  or 

person  or  persons  buying  and  selling  bills  of  exchange,  other  than 

bills  drawn  upon  shipments  made  by  the  parties  themselves  or 

remittances  for  sales  of  produce  made  by  them,  three  hundred 

dollars. 
Pawn  brokers.         No.  652.     (8.)    Every  pawnbroker,  two  hundred  and  fifty 

dollars. 
Money   brokers.      No.    653.     (9.)  Every  money    broker,  dealer   in    un current 

money,  or  in  gold  and  silver,  bullion,  or  gold  dust,  two  hundred 

and  fifty  dollars. 
Hotels  and  No.  654.     (10.)  Evcry  keeper  of  a  hotel  or  boarding  house, 

oar  ing   ouses.  a^c^ommodating  one   hundred  persons  or  more,  three  hundred 

dollars. 
Coffee houses,.etc.      No.  655.     (H.)  Every  keeper  of  a  grog  shop,  bar  room,  tavern, 

cabaret,  coff'ee  house,  beer  house,  pleasure  garden,  theatre,  saloon, 

ball  room,  club  room,  or  other   establishment  whatever,  wherein 

spirituous   or   malt   liquors   are  sold  by  the  glass,  or  wherein 

spirituous  or  malt  liquors  are  drank  on  the  premises,  one  hundred 

and  seventy-five  dollars. 
Wholesale  liquor      No.  656.     (12.)  On  evci'y  merchant  doing  both  a  wholesale 

and  retail  business,  or  wholesale  business  alone,  where  liquors  are 

sold,  one  hundred  dollars. 
EatinK  houses  No.  657.     (13.)  On  cvcry  restaurant  or  eating  house,  where 

iD{,  1        ,  ,  j-q^^Qj.  jg  qqJ^j  ^^  ^|jg  Ij^j.^  qj^q  hundred  and  seventy-five  dollars. 

Cotton  presses.  No.  658.  (14.)  On  every  keeper  or  lessee  of  a  cotton  press, 
on  each  press,  one  hundred  and  fifty  dollars. 

Grocery    stores,      No.  659.     (15.)  On  every  keeper  of  a  grocery,  confcctionery, 

U(iuo?by"  quart,  store  orsliop,  doing  exclusively  a  retail  business,  in  which  spiri- 
tuous or  malt  liquors  are  sold  by  quantities  not  less  than  an 
ordinary  wine  bottle  or  quart,  and  where  the  same  is  not  drank 
on  the  premises,  when  sold,  fifty  dollars. 

Jewelry  stores.  No.  660.  (16.)  On  every  keeper  or  owner  of  a  jewelry 
store  doing  both  a  wholesale  and  retail  business,  seventy-five 
dollars. 


REVENUE— TAXES  AND  LICENSES.  241 

No.  661.     (17.)  Every  stock  note  and  exchange  broker,  one  stockbroker 
hundred  and  fifty  dollars. 

No.  662.     (18.)  Every  cotton  broker,  one   hundred  dollars.  Cotton  brokers. 

No.  663.     (19.)  Every  cotton  pickery,  one  hundred  dollar.s.  cotton  pickeries. 

No.  664.     (20.)  Every  keeper  of  a  restaurant  or  eating  house,  Restaurants,  etc. 
where  no  spirituous  liquors  or  malt  liquors  or  wines  are  sold  or 
retailed  at  a  bar,  and  where  no  liquors  or  wines  are  sold  or  fur- 
nished, otherwise  than  as  necessary  to   meals  or  repasts  in  the 
establishment,  one  hundred  dollars. 

No.  665.     (21.)  Every  merchant  doing  both  a  wholesale  and  Merchants   gen* 
retail  business,  of  whatever  class,  where  spirituous  or  malt  liquors 
are  not  sold,  seventy-five  dollars. 

Amended.    See  No.  742. 

No.  666.     (22.)  Every  keeper  of  a  stable  where  horses,  car- Livery  staWea. 
riages,  wagons,  or  buggies  are  kept  for  hire  or  sale,  the  whole 
tax   being  levied  on  each  and  every  stable  kept,  seventy-five 
dollars. 

No.  667.     (23.)  Every  merchant,  trader,  or  dealer   of  what-  Merchants   gen« 
ever  kind,  doing  both  a  wholesale   and   retail  business,  and  not 
previously  specified  by  this  ordinance,  whatever  be  the  kind  of 
merchandise  he  deals  or  trades  in,  and  where  no  spirituous  or 
malt  liquors  are  sold,  seventy-five  dollars. 

Amended.    See  No.  739. 

No.  668.     (24.)  Onevery  commission  merchant,  one  hundred  Commission mer- 

.   ..  chants. 

dollars. 

No.  669.     (25.)  On  every  auctioneer,  one  hundred   dollars.  Auctioneers. 

No.  670.     (26.)    On     every    private    hospital,  seventy-five  Private  hospitals. 
dollars. 

No.  671.     (27.)  Every  shipping  master,  ship  agent  or  steve-  shipping  master* 
dore,  one  hundred  dollars.  ^^^^^  °'^**' 

No.  672.     (28.)  Every   keeper  of   a   coal  or  lumber  yard,  coai  or  lumber 
seventy-five  dollars.  ^'"■'^'• 

No.  673.     (29.)  Every  coal  agent,  one  hundred  dollars.  coai  agents. 

No.  674.     (30.)  Every  produce  or  merchandise  broker,  hay  Produce  brokers, 
weigher  or  cotton  weigher,  sixty  dollars.  ^'^'^ 

No.  675.     (31.)     Every  establishment  for  the  bottling  of  malt  places  for  bo^ 
liquors  and  wines,  sixty  dollars.  '°^  iquors,  e  o. 

No.  676.     (32.)  Every  keeper  of  a  warehouse  where  produce,  Warehoufle». 
goods,  wares  or  merchandise  are  received  on  storage,  the  whole 
tax  being  levied  on  each  and  every  warehouse  kept,  sixty  dollars. 

Amended.    Se«  No.  739. 

31 


242 


REVENUE— TAXES  ^ND  LICENSES. 


Ship  brokers. 
Billiard  tables. 

Ten  pin  alleys. 

Pistol  galleries. 


Mills,    Factories, 
brick  yards,  etc. 


Retail  cigar 
stores. 
Printing  offices. 


Hotels  and  board- 
ing houses. 


Job  boats. 


Undertakers. 

Steamboat 
agents. 
Hawkers  and 
peddlers. 
Contracts  gener 
alJy,  builders, 
etc. 


Retail    business 
generally. 


Real  estate,  and 
house  brokers. 


Dairies. 


Confectionarics. 


Charcoal  dealers. 


Fruit  stores  and 
Bttinds. 


Ice  cream  sa* 
loons. 


Oyster  stacds. 


No.  677.     (33.)  Every  ship  broker,  sixty  dollars. 
No.  678.     (34.)  Every  keeper  of  a  billiard   table,  the  whole 
tax  being  levied  on    each  and  every  billiard  table,  sixty  dollars. 
No.  679.     (35.)  Every  keeper  of  a  ten-pin  alley,   the  whole 
tax  being  levied  ou  each  and  every  alley,  sixty  dollars. 

No.  680  (36.)  Every  keeper  of  a  pistol  gallery,  the  whole 
tax  being  levied  on  each  and  every  gallery,  sixty  dollars. 

No.  681.  (37.)  Every  saw  mill,  planing  piill,  sash  and  blind 
factory,  and  brick  yard,  sixty  dollars. 

No.  682.     (38.)  Every  retail  cigar  store,  sixty  dollars. 
No.  683.     (39.)  Every  printing  office  doing  job  work,  twenty- 
five  dollars. 

No.  684.  (40.)  Every  keeper  of  a  hotel  or  boarding  house, 
accomodating  not  less  than  twenty  persons,  nor  more  than  one 
hundred  persons,  sixty  dollars. 

No.  685.  (41.)  Every  job  boat  plying  in  the  waters  of  the 
port,  sixty  dollars. 

No.  686.     (42.)  Every  undertaker,  sixty  dollars. 
No.  687.     (43.)  Every  steamboat  agent,  seventy-  five  dollars. 
No.  688.     (44.)  Every  hawker  or  peddler,  thirty  dollars. 
No.  689.     (45.)  On  every  master,  builder,  or  other  persons 
taking  contracts  of  whatsoever  nature,  as  contractor  or  sub-con- 
tractor, such  as  building,  bricklaying,  plastering,  slating,  painting 
and  paving,  employing  three  or  more  hands,   and  each  lessee  of 
the  revenues  of  the  markets  of  this  city,  and  all  other  persons  not 
herein  enumerated  as  contractors  or  sub-contractors,  etc.,  shall 
pay  a  license  of  twenty-five  dollars. 

No.  690.  (46.)  On  every  person  doing  exclusively  a  retail 
business,  and  where  no  liquors  are  sold,  twenty-five  dollars. 

No.  691.  (47.)  On  every  real  estate  or  house  broker  seventy- 
five  dollars. 

No.  692.  (48.)  On  every  dairy  consisting  of  more  than  five 
cows,  twenty-five  dollars. 

No.  693.  (49.  On  every  confectionary,  where  liquors  are  not 
sold,  twenty-five  dollars. 

No.  694.    (50.)  On  every  charcoal  dealer,  twenty-five  dollars. 
No.  695.     (51.)  On  every  fruit  store,  and  on  each  and  every 
fruit  stand  where  fruits  alone  are  sold,  twenty-five  dollars. 

No.  696.  (52.)  On  every  keeper  of  an  establishment  where 
ice  creams  or  sherbets  alone  are  sold,  ten  dollars. 

No.  697.  (53.)  On  every  keeper  of  an  oyster  stand  where 
oysters  in  the  shell  alone  are  sold,  fifteen  dollars. 


REVENUE— TAXES  AND  LICENSES.  243 

No.  698  (54.)  On  every  intelligence  office,  twenty  dollars,  intenigence 
No.  699.  (55.)  On  every  veterinary  doctor,  twenty  dollars,  yeterinarj 
No.  700.     (56.)  Every  owner  and  keeper  of  a  distillery  of  uisuiierios. 

spirituous  or  alcoholic  drinks,  two  hundred  dollars. 

No.  701.     (57.)  Every  brewer  of  malt  liquors,  two  hundred  Brewers. 

dollars. 
No.  702.     (58.)    Every  manufacturer  of  cordials  or  syrup,  Makers  of  syrupa 

seventy-five  dollars'. 

llepealed.    See  No.  740.  Makers    of  min- 

*^  .  era!  waters. 

No.  708.  (59)  Every  manufacturer  of  soda,  or  mineral  water, 
to  be  sold  at  wholesale,  twenty-five  dollars.  Manufacturers, 

•  etc.,  soap  boilers, 

Repealed.    See  No.  740.  etc. 

No.  704.  (60.)  Every  soap  boiler,  triar  of  tallow,  tannery, 
bone  black,  bisulphate  of  lime,  camphene  or  spirits  of  gas  manu- 
facturer, sugar  or  molasses  boiling  manufactory,  iron  foundry, 
brass  foundry,  or  gas  fitting  shop,  sixty  dollars.  Bails  and  raffles. 

Repealed,  see  No.  740. 

No.  705.     (61.)  For  each  and  every  public  ball  or  rafile, 
which  tax  shall  be  paid  before  the  mayor  shall  issue  a  license  Drays,  carts,  etc 
therefor,  fifteen  dollars. 

No.  706.  (62.)  The  tax  on  drays,  carts,  etc.,  shall  be  eighteen 
dollars  per  annum,  and  the  price  of  branding  and  numbering,  as 
fixed  by  the  adjudication  for  t/.iat  ser\Ico.  Provided  that  such 
carts  or  wagons  as  used  by  the  owners  for  their  own  use  exclu- 
sively as  market  carts,  or  in  hauling  to  and  from  the  stables  of  the 
owner,  may  be  furnished  with  a  red  number,  upon  the  payment 
of  a  license  of  five  dollars  and  twenty-five  cents  for  the  number.  Two  iiorBc  hacks, 

No.  707.  (63.)  The  taxes  on  hacks,  stages  and  other  two- 
horse  carriages,  shall  be  twenty-five  dollars  per  annum,  and  on 
cabs  and  other  one-horse  vehicles,  eighteen  dollars  per  annum.       rour  wheeled 

No.  708.     (64.)  A  tax  of  fifty  dollars  shall  be  levied  annually  ^'^'^'^'^s  vehicles, 
on  trucks,  timber  wheels  or  other  four-wheeled  carriages  used  for 
hauling   more  than  2500  pounds  at  a  load,  and   such  trucks  or 
four-wheeled  carriages  shall  not  have  less  than  five  inch  tires.        Four  wheel  wa- 

No  709.     (65.)  A  tax  of  thirty  dollars  shall  be  levied  annu-  ^°'''* 
ally  on  all  four-wheeled  wagons,  drawn  by  two  or  more  animalf?, 
and  used  for  the  transportation  of  beer,  ale,  porter,  mineral  water, 
bricks,  sand,  stone,  etc.  Omnibuses. 

No.  710.  (66.)  Every  omnibus  drawn  by  two  or  more  horses 
or  mules,  shall  be  taxed  thirty  dollars  per  annum.-         .  omnibuses  to 

No.  711.     (67.)  Every  omnibus  shall  be  numbered  in  a  eon-  i\";;'^  "^"^^^'«' 
spicuous  place,  the  number  to  be  of  the  same  dimensions  as  those 


244  REVENUE — TAXES  AN©  LICENSES. 

for  a  dray,  and  every  omnibus  shall  have  lamps ;  and  for  every 
contravention  of  said  section,  the  owner  thereof  shall  pay  a  fine 
of  twenty-five  dollars. 
Private  carriages  No.  712.  (68.)  The  tax  on  any  private  carriage,  kept  for  the 
pleasure  or  use  of  the  owner,  and  drawn  by  two  or  more  horses, 
shall  be  twenty  dollars  per  annum;  and  for  other  private  vehicles 
drawn  by  one  horse,  ten  dollars  per  annum. 
Branding  and  No.  713.  [(69.  All  drays,  carts,  omnibuscsj  trucks  and  timber 

num  3enng.  wheels,  and  wagons,  shall  be  branded  with  their  number,  and  the 
last  numeral  of  the  year  in  a  circle ;  provided,  that  owners  of 
grocery,  express,  baggage  and  other  private  wagons  shall  not 
be  compelled  to  have  the  same  branded  and  numbered,  but  must 
have  their  name  and  residence  painted  in  full  on  each  side  of 
said  vehicle. 
I'ubiic  exhibi-  No.  714.  (70.)  Every  transient  theatre,  circus,  menagerie, 
ons,  ec.  or  other  public  exhibition  or  show,  shall  pay  in  advance,    a  tax 

of  ten  dollars  for  each  day's  performance  for  the  first  ten  days, 
and  five  dollars  per  day  thereafter,  unless  the  same  takes  place  in 
one  of  the  establishments  on  which  the  annual  tax  has  been  paid ; 
and  every  violation  of  this  section  shall  be  punished  by  a  fine  of 
twenty-five  dollars,  enforced  by  imprisonment,  as  the  law  directs. 
Every  partner  to  ^0-  715.  (71)  Each  partner  of  a  firm]  shall  pay  the  full 
^^''  amount  of  tax  on  the  profession,  trade,  calling  or  business,  in 

which  the  firm  is  engaged,  or  follows. 
Lawyers,  pbysi-        No.  716.     (72.)  Each  attorney  and  counscllor  at  law,  physi- 
^^^  '^  '  cian,  surgeon-dentist,  practising  or  pursuing  their  respective  pro- 

fessions or  callings,  ten  dollars. 
Persons  having  No.  717.  (73.)  Every  person  having  more  than  one  shop  or 
sCTerai  stores,  g^Qj-g^  qj.  other  establishment,  or  who  shall  exercise  or  follow 
more  than  one  profession,  trade,  calling,  or  business,  shall  pay 
the  tax  upon  each  separately. 
Liquor  tax  sepa-  No.  7l8.  (74.)  In  all  cascs  the  tax  imposed  for  vending  spir- 
rate,  etc.  ituous  or  malt  liquors,  or  wines,  by  quantities  less  than  a  bottle 

or  quart,  shall  be  assessed  and  collected  seperately  and  indepen- 
dently ;  and  any  person  who  in  connection  with,  or  addition  to, 
the  sale  of  spiritous  liquors  or  wines,  by  less  quantities  than  a 
bottle  or  quart,  shall  keep  any  grocery  or  other  merchandise  for 
sale,  shall  pay  also  the  tax  imposed  upon  said  business  so  connected 
or  added. 
Liccngcp,  their  No.  719.  (75.)  No  pcrsou  shall  exercise  or  follow  even 
transiently  or  temporarily  any  of  the  trades,  professions  or  callings, 
or  other  business,  taxed  by  this  ordinance,  without  first  paying 


trdnsler,  etc. 


REVENUE — TAXES  AND  LIGENSES.  245 

the  tax  due  upon  the  same  and  obtaining  from  the  proper  officers 
of  the  city  a  receipt  or  license  for  the  same,  in  conformity  with 
existing  ordinances,  nor  shall  such  license  be  transferred  unless 
by  consent  of  the  treasurer  endorsed  in  writing  upon  said  license, 
under  the  penalty  of  a  fine  not  less  than  fifteen  nor  exceeding  one 
hundred  dollars. 

See  No.  166. 

No.  720.     (76.)  Every  person  connected  with  or  followincr  Certaio  deciara- 

«,,,«,:  ,.,.  ,.  tioDs  to  be  made, 

any  oi  the  branches  of  business  enumerated   in  this  ordinance,  etc. 
who  shall  refuse  or  neglect  to  declare  their  names  to  the  treasu- 
rer, as  well  as  the  nature  of  their  business,  shall  pay  a  fine  of 
from  fifteen  to  one  hundred  dollars  for  each  offense,  which  pen- 
alty shall  be  enforced  by  imprisonment  not  exceeding  thirty  days. 

No.  721.  (77.)  Keepers  of  private  boarding  houses  ca-  Boarding  houses, 
pable  of  accomodating  less  than  twenty  bor.rders,  shall  be  exempt 
from  paying  any  tax  for  the  same  ;  provided,  that  within  the  first 
month  of  each  year,  for  houses  already  established,  or  within  one 
month  after  opening  the  house,  the  keeper  shall  make  oath  in 
writing  before  the  mayor,  that  the  house,  as  kept,  does  not  and 
cannot  accomodate  thirty  or  more  boarders. 

No.  722.  (78.)  Every  person  owning  or  commanding  any  steamboats,  sea- 
steamboat  or  sea-going  vessel,  is  forbidden  to  permit  any  person  ^°*"^  vesseis,etc. 
to  remain  on  board  such  vessel  while  lying  at  any  of  the  wharves 
of  New  Orleans,  as  transient  boarders  or  lodgers,  (those  persons 
employed  on  said  boats  excepted)  unless  the  said  owner,  comman- 
der or  captain  shall  have  previously  obtained  a  license  from  the 
comptroller  of  the  city,  which  license  shall  be  registered  at  the 
mayor's  office,  and  for  which  said  owner,  commander  or  captain 
shall  pay  to  the  treasurer  of  the  city  the  sum  of  one  hundred 
dollars  for  the  year  ending  on  the  first  day  of  January  following 
the  taking  out  of  the  license.  Any  owner,  commander  or  captain, 
who  shall  fail  to  comply  with  the  provisions  of  this  section,  shall 
be  fined  twenty-five  dollars  for  each  and  every  offense. 

No.  723.     (79.)  Any    person   commencing   business   on   or  rp^^  after   first 
after  the  1st  day  of  July,  shall  pay  but  one-half  of  the  yearly  "'"'^* 
tax  upon  such  profession  as  he  may  follow,  up  to  the  end  of  the 
year. 

No.  724.  (80.)  Every  person  performing  or  acting  as  street  street  musicians, 
musician  or  singer,  shall  pay  an  annual  tax  of  ten  dollars.  ^^^' 

No.  725.  (81.)  Every  person  taking  out  a  license  who  shall  Recording  of  li- 
neglect  to  furnish  the  required  securities,  and  to  have  their  etc!°^'  fiecunuw?, 


246  ItBVENUE — TAXES  AND    LICENSES. 

license  duly  recorded  in  tlie  major's  office,  within  thirty  days 
from  the  time  of  taking  out  their*  license,  shall  pay  a  fine  of 
twenty-five  dollars,  reooverable  before  any  court  of  competent 
jurisdiction,  one-half  for  the  benefit  of  the  informer,  and  the 
other  half  for  the  benefit  of  the  city. 
Taxes  payable  in      No.  726.     (82.)  All  taxes   imposed  by  this  ordinance  shall 

advance.  ,  i  i     •         t 

be  payable  m  advance. 

Doing  business  No.  727.  (83.)  Any  person  or  persons,  (or  incorporated 
icense.  (.QQ^p^nies,)  doing  business  or  pursuing  any  avocation  without 
the  proper  licenses,  shall  be  subjected  to  a  fine  of  not  more  than 
fifty  dollars  for  the  first  offense,  nor  more  than  one  hundred  dol- 
lars for  the  second  offense,  recoverable  before  any  court  of  com- 
petent jurisdiction. 

Certificate  to  bo  No.  728.  (84.)  Every  person  doing  business,  or  pursuing 
ung  up,  e  c.  ^^^  avocation  under  authority  of  this  ordinance,  shall  be  required 
to  keep  hung  up  in  some  conspicuous  place  in  their  counting- 
room,  store  or  place  of  business,  a  certificate  signed  by  the 
treasurer,  that  they  have  paid  their  license,  and  any  person  re- 
fusing to  exhibit  said  certificate  in  the  manner  aforesaid,  shall 
pay  a  fine  of  twenty  dollars  for  each  contravention,  recoverable 
before  any  court  of  competent  jurisdiction. 

Penalties  and  No.  729.     (85.)  All  penalties  or  fines  imposed  for  any  infrac- 

tion or  violation  of  this  ordinance,  as  well  as  tax  levied  by  this 
ordinance,  shall  be  recoverable  before  any  court  of  competent 
jurisdiction,  for  the  benefit  of  the  city.  Any  violations  or  infrac- 
tions of  this  ordinance  not  otherwise  provided  for,  shall  be  pun- 
ished with  a  fine  of  from  ten  to  one  hundred  dollars  for  each 
offense,  all  fines  to  be  for  the  benefit,  as  aforesaid,  and  recovered 
by  the  city. 

CcT)(-up.  street         No.  730.     (86.)  It  shall  be  the  duty  of  the  street  commis- 

commjsbionci,  giQi^gj.  ^q  cause  a  ccnsus  to  be  taken  of  all  persons  subject  to 
taxes  provided  for  by  this  ordinance,  in  the  month  of  March  and 
between  the  15th  of  November  and  the  15th  of  December  of 
each  year,  and  report  for  suit  all  persons  who  have  not  paid 
license. 

Arpiicfttions  for  No.  731.  (87.)  All  applications  for  licenses  shall  be  made  in 
writing  to  the  treasurer,  in  the  name  of  the  applicant  or  appli- 
cants, and  shall  specify  the  nature  of  the  business  they  propose 
to  follow,  the  number  of  partners  in  the  concern,  with  their 
names,  and  whether  they  are  resident  or  non-resident  partners, 
also  whether  it  is  intended  that  liquors  are  to  be  sold  in  said 
business. 


REVENUE — TAXES  AND  LICENSES.  247 

No.   732.     (88.)  All  persons  not  resident  of  the  city  or  fe'tate,  Non  tesidents. 
acting  for  themselves  or  as  agents  for  others,  who  shall  receive 
orders,  or  display  samples,  or  sell  goods  in  any  manner  whatever, 
shall  pay  a  tax  of  three  hundred  dollars. 

No.  733.     (89.)  All  ordinances  or  parts^of  ordinances  con-  KepeaiingciauBc. 
flicting  in  their  provisions  with  this  ordinance,  are  hereby  re- 
pealed. 

City  Ordinance,  No.  3124.    Approved,  December  5, 1856. 

No.  734.     That  the  consolidated  loan  tax  for  the  year  1856,  consolidated 
be,  and  the  same  is  hereby  fixed  at  ninety  cents  on  every  one  ^°*"*"- 
hundred  dollars  of  the  assessed  value  of  real  estate  and  slaves, 
within  the  limits  of  this  city. 

City  Ordinance,  No.  3233.     Approved,  Jan.  30,  1857. 

No.  735.  That  in  accordance  with  the  second  section  of  the  TaxforPont- 
act  authorizing  the  city  subscription  to  the  Pontchartrain  Rail-  ^oadir"'"  ^*  ' 
road  Company,  requiring  all  trades,  professions,  etc.,  to  be  taxed 
for  the  interest  on  the  bonds  issued  to  said  company,  a  tax  of  one 
per  cent,  on  the  amount  of  every  license  authorized  to  be  issued 
under  ordinance  No.  3124,  approved  December  5th,  1856,  be  and 
the  same  is  hereby  levied,  for  the  purpose  of  meeting  the  pro- 
portion of  the  interest  on  the  bonds  issued  to  said  company,  pay- 
able from  other  resources  than  a  tax  on  real  estate,  slaves,  etc. 

City  Ordinance  No.  3160.    Approved. 

No.  786.  That  a  tax  at  the  rate  of  twenty-three  cents  on  Tax  for  railroads, 
every  one  hundred  dollars  of  the  assessed  value  of  all  real  estate, 
slaves,  capital,  income  and  furniture  appearing  on  the  tableaux  of 
assessment  made  by  the  State  assessors  for  the  year  1856,  be,  • 
and  the  same  is  hereby  levied  to  pay  the  annual  interest  on  the 
bonds  issued  by  the  city  of  New  Orleans  for  subscriptions  to  the 
stocks  of  the  New  Orleans,  Jackson  and  Great  Northern  Rail- 
road Company,  the  New  Orleans,  Opelousas  and  Great  Western 
Railroad  Company,  and  to  the  Pontchartrain  Railroad  Company. 

City  Ordinance,  No.  3234.   Approved  Feb.  23d,  1857. 

No.  737.     That  the  annual  tax  for  the  year  1855  upon  the  t^x  on  real  es- 
real  estate  and  slaves  situated  or  owned  in  this  city,  is  hereby  ***®  ^^'^  ®^^^*^' 
fixed   at  thirty  cents  on  every  one  hundred  dollars  of  assessed 
value,  according  to  the  tableaux  of  the  State  assessors ;  said  tax 
to  be  due  and  collected  according  to  the  city  charter. 

City  Ordinance,  No.  2608.    Approved  Feb.  12, 1856. 
For  annual  tax   on  real  estate,  personal  property,  etc.,  for  the  year  1856,  approved 
f  etoruury,  1867,  see  Appendix  9.1  the  end  of  this  book. 


248 


REVENUE — TAXES  AND  LICENSES. 


Amending  No. 
676. 


Amending  No. 
667. 


Repealing  Nos. 
702-3-4. 


Amending  No. 
C65. 


Coffee  house 
censes. 


Tren  surer  to 
receive  only 
money,  etc. 


An  Ordinance  to  amend  sections  twenty-three  and  thirty-two  of  an 
ordinance  entitled  "An  ordinancef  to  establish  a  uniform  rate  of  taxes 
and  licenses  on  professions,  callings  and  other  business,  and  on 
carriages,  hacks,  drays,  and  other  vehicles,"  approved  December 
5th,  185G. 

No.  738.  (1.)  ^That  section  thirty-two  of  the  ordinance 
entitled  ^^An  ordinance  to  establisli  a  uniform  rate  of  taxes  and 
licenses  on  professions,  callings  and  other  business,  and  on  car- 
riages, hacks,  drays  and  other  vehicles,''  approved  December 
5th,  1856,  be  amended  so  as  to  read  as  follows,  viz  : 

Every  keeper  of  a  warehouse  where  produce,  goods,  wares  or 
merchandise  are  received  or  taken  on  storage,  one  hundred 
dollars. 

No.  739.  (2.)  That  section  twenty -three  of  ordinance  No. 
3124,  approved  December  5th,  1856,  be  so  amended  as  to  read 
as  follows,  viz  : 

(23.)  Every  merchant,  trader  or  dealer  of  whatsoever  kind,  doing 
both  a  wholesale  or  retail  business,  and  wholesale  business  alone, 
and  not  previously  specified  by  this  ordinance,  whatever  be  the 
kind  of  merchandise  he  deals  or  trades  in,  and  where  no 
spirituous  or  malt  liquors  are  sold,  seventy-five  dollars. 

No.  740.  (3.)  That  section  fifty-eight,  fifty-nine  and  sixty 
of  the  same  ordinance  be,  and  the  same  are  hereby  repealed.. 

City  Ordinance  No.  3166. 

No.  741.  That  ordinance  No.  3124,  entitled  ^^\n  ordinance 
to  establish  a  uniform  rate  of  taxes  and  licenses  on  professions, 
callings  and  other  business,  and  on  carriages,  hack,  drays  and 
other  vehicles,  approved  5th  December,  1856,  be  so  amended  as 
to  make  section  twenty-one  read  as  follows  : 

(21.)  Every  merchant  doing  both  a  wholesale  and  retail 
business,  or  wholesale  business  alone,  of  whatever  class,  where 
spirituous  or  malt  liquors  are  not  sold,  seventy-five  dollars. 

City  Ordinance,  No.  3184. 

No.  742.  No  cabaret  or  coffee-house  license  shall,  hereafter, 
be  issued  to  any  colored  person. 

City  Ordinance   No.  3134,  sect.  4. 

No.  743.  It  shall  not  hereafter  be  lawful  for  any  treasurer 
of  the  city  of  New  Orleans  to  receive,  in  payment  of  any  tax 
due  the  city  of  New  Orleans  for  the  payment  of  the  interest  on 
the  consolidated  debt  or  the  interest  on  the  bonds  issued  to  any 
rail-road  company  by  the  city,  any  thing  except  money.     That 


REVENUE — TAXES  AND  LICENSES.  249 

a  printed  copy  of  this  resolution  be  hung  in  a  conspicuous  place 
in  the  office  of  the  city  treasurer. 

City  Ordinance,  No.  2645. 

No.  744.     That    the   finance  committee  be,   and    they    are  Tax  suits  for 

,        ,  T       .     "^  .11  11'         f     ^  -i       i>        i  taxes   past  due, 

hereby,  authorized  to  withdraw  all  suits  oi  the   city   tor  taxes  etc. 
past  due,   when  they  shall  be   satisfied  that  the  tax  sued  upon 
has  either  been  paid  or  erroneously  assessed. 

City  Ordinance,  No.  535. 

No.  745.  (1.)  From  and  after  the  passage  of  this  ordinance  all  Pirogues  to  be 
pirogues  from  five  to  fifteen  tons,  trading  with  the  city,  shall 
be  required  to  take  out  a  license  for  such  privilege,  which  license 
is  hereby  fixed  at  twenty  dollars  per  annum ;  and  should  the 
owner  or  owners  of  any  pirogue  fail  to  take  out  such  license, 
he  or  they  shall  pay  a  fine  of  fifty  dollars. 

No.  746.     (2.)  All  pirogues  of  the  above  dimensions,  trading  To  be  numbered. 
with  the  city  under  license,  shall   be  properly  and  conspicuously 
numbered  on  both  ends  under  a  penalty  of  fifty  dollars. 

City  Ordinance,  No.  719.  • 

No.  747.     That  the  assistant  city   attorney  be  instructed   to  McDonougU    es- 

tate  tax 

collect  from  the   commissioners   of  the  McDonough   estate,   all 
taxes  due  the  city  on  property  belonging  to  that  estate. 

City  Ordinance,  No.  2622. 

As  to  Coffee  Houses,  see  page  44. 
Comptroller  to  issue  Licenses,  see  No.  201. 
See  "Consolidated  City  Debt,"  page  66. 

STATE  CONSTITUTION. 

Art.  123.  Taxation  shall  be  equal  and  uniform  throughout  the  State, 
All  property  on  which  taxes  may  m  levied  in  this  State  shall  be  taxed 
in  proportion  to  its  value,  to  be  ascertained  as  directed  by  law.  No  one 
species  of  property  shall  be  taxed  higher  than  another  species  of  pro- 
perty of  equal  value,  on  which  taxes  shall  be  levied  ;  the  legislature 
shall  have  power  to  levy  an  income  tax,  and  to  tax  all  persons  pursuing 
any  occupation,  trade  or  profession. 

ACTS  OF  THE  LEGISLATURE. 

Sec.  36.     That  all  real  and  personal  property   within  the  city  of  New  Property  subject 
Orleans,  whether  owned  by  individuals   or  corporations,    shall,  for  the  *°  ^^a^cation. 
purpose  of  this  act,   be  liable   to  taxation,    subject  to  the  exemptions 
specified  in  this  act.— Acts  of  1856,  p.  146.  , 

Sec.  42.     That  the  common  council  of  the  city  of  New  Orleans  shall.  Equal  and   uni- 
for  the  pui'poses  of  this  act,  once,  and  not  oftener,   in   each   and  every  feTSd^annially'! 
year,  lay  an  equal  and  uniform  tax  upon  all  property,  real  and  personal, 
in  said  city;  but  said  tax*  added  to  the  consolidated  loan  tax,  and  to  Rate  of  taxation, 
the  special  tax  for  payment  of  the  annual  interest  on  the  bonds  issued 
32 


250  REVENtJE— TAXES  AND  ttCENSEg. 

by  the  city  for  subscriptions  to  tbe  stocks  of  the  New  Orleans,  Opelousas, 
and  Great  Western  Railroad  Company,  the  New  Orleans,  Jackson,  and 
Great  Western  Railroad  Company,  and  the  Pontchartrain  Railroad 
Company,  shall  not  in  the  aggregate  be  more  than  one  dollar  and  fifty 
cents  on  one  hundred  dollars  of  valuation,  except  i^  case  of  invasion  or 
insurrection:  Provided  it  be  sufficient  to  pay  the  interest  on  the  consoli- 
dated debts  and  railroad  bonds  issued  by  the  city  of  New  Orleans. — Acts 
of  1856,  p.  148. 
Power  to  issue  Sec.  102.  That  the  city  of  New  Orleans  shall  have  power  to  levy 
licenses.  taxes,  commonly  known  as  licenses,  upon  trades,  professions,  callings, 

'    and  other  business  carried  on,  and  upon  carijiages,  hacks,  drays,    carts, 
and  other  vehicles,  used  in  said  city  ;  and   said  taxes,  commonly  known 
as  licenses,  laid  as  aforesaid,  shall  not  be  construed  to  be  a  tax  on  pro- 
perty, within  the  meaning  or  sections  36,  38,  and  42,  of  this  act. 
Power  to  collect      Sec.  103.     That  all  taxes,  commonly  known  as  licenses,   laid  by  the 
known'aTu-*'^^^  common  council,  on  professions,    callings,  and  other  business,    and  on 
censes.  carriages,  hacks,  drays,  and   other  vehicles,   used  in  the  city   of  New 

Orleans,  shall  be  payable  at  the  Of&ce  of  the  city  treasurer,  from  the 
1st  to  the  8Ist  day  of  January  inclusive,  of  each  year.  And  if  any  tax, 
commonly  known  as  a  license,  laid  as  aforesaid,  shall  not  have  been  paid 
by  the  person  liable  thetefor,  on  or  before  the  31st  day  of  January, 
in  each  and  every  year,  the  city  of  New  Orleans,  upon  affidavit  made 
by  any  officer  of  said  city,  or  by  any  citizen  of  said  city,  that  said  tax,' 
commonly  known  as  a  license,  has  not  been  paid  by  the  person  liable 
therefor,  shall  have  a  lien,  in  the  nature  of  a  lessor's  privilege,  upon 
the  personal  property  of  the  said  person  so  in  default,  and,  on  appli- 
cation made,  a  writ  of  provisional  seizure  shall  issue  out  of  any  court  of 
competent  jurisdiction,  in  favor  of  said  city  and  against  said  property  ; 
and  in  case  judgment  is  rendered  in  favor  of  said  city,  said  property, 
so  provisionally  seized,  shall  be  sold  in  satisfaction  of  said  tax. 
Mode  of  enforc-  Sec.  104.  That  if  any  tax,  commonly  known  as  a  license,  laid  as 
tal  SwrT^s^a  aforesaid,  shall  not  have  been  pai(|^y  the  person  liable  therefor,  on  or 
license.  before  the  31st  day  of  January  in  each  and  every  year,  any  court  of 

competent  jurisdiction  shall,  upon  application  and  affidavit  made  by  any 
officer  of  the  city  of  New  Orleans,  or  by  any  citizen  of  said  city,  that 
said  tax,  commonly  known  as  a  license,  has  not  been  paid  by  the  person 
liable  therefore,  issue  a  writ  of  injunction  in  favor  of  said  city,  enjoining 
said  person  in  default,  from  all  further  pursuit  or  practice  of  the  pro- 
fession, calling,  or  other  business,  pursued  or  practiced  by  him,  and 
upon  which  said  tax  is  laid,  until  such  time  as  said  tax  shall  have  been 
fully  paid  and  satisfied.  And  further,  the  remedy  given  said  city  in  this 
section  of  the  collection  of  said  tax,  shall  be  cumulative  of  the  remedy 
given  said  city  for  the  collection  of  the  same  by  section  one  hundred  and 
three  of  this  act ;  and  said  city  shall  have  the  right  to  make  use  of 
either,  or  of  both  of  said  remedies,  at  its  discretion. 
When  licenses  Sec.  105.     That  each  and  every  license  shall  expire  on  the    31st  day 

expire.         ^^  December  in  the  year  in  which  it  was  obtained. 
Taxes  except, etc.      Sec.  106.     That  all  city  taxes,  except  licenses  and  levee  dues,  shall 
pS'abie.'^'*  ^^'^^^  ^6  payable,   only  in  the  office  of  the  city  tresurer,  from  the  first  day  of 


REVENUE — TAXES  AND  LICENSES.  251 

March  to  the  first  day  of  May,  inclusive,  of  each  year;  and  said  treasu«r  Notice  to  be  given 
shall,  by  notice  given  in  the  official  journal  for  fifteen  days  prior  to  said 
1st  day  of  March,   notify  the  tax  payers  to  appear  at  his  office,   for  the 
payment  of  their  taxes.     To  each  and   every  bill  for  city  taxes,  except  Percentage  to  bo 
licenses  and  levee  dues,  unpaid  on  the  31st  day  of  March  in  each   and  noSpaymeST  of 
every  year,  shall  be  added  one  per  cent,  of  said   bill  for  each  and  every  taxes, 
month  that  the  same  shall  remain  unpaid,   counting  from  the  first  day 
of  March  of  each  and  every  year. 

Sec.  107.     That  on  the  second  Monday  of  May  of  each  year,   the  Suit  for   taxes, 
treasurer  shall  put  in  suit  in  a  court  or  courts  of  competent  jurisdiction,  fenced!      ^^^' 
all  unpaid  bills  for  taxes  levied  upon  property  assessed  in  their  several 
districts,  and  all  bills  for  taxes  levied  upon  property  shall  contain  a 
description  of  said  property  as  set  forth  in  the  assessment  rolls. 

It  shall  be  the  duty  of  the  justices  of  the  peace  and  the  clerks  of  the.  Form  of  notice  to 

courts  in  which  such  suits  may  be  brought,  by  an  advertu^ment  in  the  tition^eS  ^    ^^' 

official  journal  of  the   city,  to  cite  all  said  delinquent  tax  payers  to 

appear,  within  fifteen  days  from  the  date  of  the  first  insertion  of  sard 

advertisement,  before  the  respective  courts  in  which  said  bills  are  put  in 

suit,   and  answer  to  the  demand  contained  in   said  tax  bill.     No  petition 

shall  be  necessary,   but  the  tax  bill  shall  be  considered   as  a  petition, 

and    the  said  advertisement  shall  be  ^considered  a  citation,  and    no 

other  service  of  citation  shall  be  necessary.     Said  advertisement    shall ' 

contain  the  names  of  all  defaulting  tax  payers,  and  the  amount  claimed  i||||^ 

from  each ;  but  where  the  property  assessed  is  assessed  as  belonging 

to  a  person  whose  name  is  unknown,   said  advertisement  shall  contain 

a  descriptian    of  said  property,  as  set  forth  in  the  assessment  rolls, 

together  with  the  amount  claimed  a.j  a  tax  upon  said  property,  and  such 

advertisement,   containing  such  description,    shall  be   considered  as  a 

citation  to  the  person  owning  said  property,    and  no  other  service  of 

citation  to  be  necessary.  Each  defaulting  tax  payer  shall  pay  twenty-five  ^   . 

cents  for  the  cost  of  the  citation  by  advertisement,  together  with  such 

other  subsequent  cost  as  may  accrue  in  the  suit.     As   soon  as  the  delay  „    „ 

^  ,  .         .        ,        .  Further  proceed" 

for  answering,  expressed  in  said  advertisement,   shall  have  expired,  then  ings,  how  con- 

the  further  proceeding  in  said  suit  shall  be  conducted   according  to  law.  ^^^^^^' 

And  further,  it  shall  be  the  duty  of  said  treasurer  to  hand  over  t(fthe  ^.        , 

*'  Fines,  dues  and 

assistant   city  attorney,    all  bills  for  fines,  dues  or  licenses,  designated  licenses,  how  col- 

and  intended  by  sections   108,    104  and  105,  whenever  the  same  shall   ^^  ^' 
accrue   or  be  exigible  by  the,    provisions  of   this  act,    and  the  said 
assistant  attorney  shall  forthwith  institute  proceedings  in  courts  of  com- 
petent jurisdiction  in  the  several   districts  where  said  dues,   licenses, 
fines  or  penalties  shall  have  accrued,   for  the  enforcement  of  said  dues, 
licenses,  fines  or  penalties,  according  to  the  provisions  of  this  act ;  and 
the  said  assistant  att(»Qey  shall  receive  as  compensation  for  such  services  compensation  of 
in  all  cases,  ten  per  cent,  on  such  dues,  licenses,  fines  or  penalties,  to  assistant  city  at- 
be  paid  by  the  person  or  persons  in  default. — Acts  of  1856,  p.  158. 

See  Acts  of  1856,  p.  141,  sect.   25;  p.  146,  et  seq.;  page  158,  et  seq. 

See  Acts  of  1856,  page  165,   sect.   124,    (under  "Common  Council," 
page  55.) 

For  State  Taxes,  see  Acts  of  1855,  page  502, 


252  REVENUE — TAXES  AND  LICENSES. 

#  DECISIONS  OF  THE  SUPREME  COURT. 

1.— Art.  127  of  the  constitution  of  184.5,  providing  for  the  equality 
and  uniformity  of  taxation  throughout  the  State,  applies  to  State  and 
not  to  municipal  taxes. — 2  Ann.  182;  3  Ann.  673  ;  but  see  9  Ann.  503 
and  446,  and  10  Ann,  735. 

2. — An  ordinance  imposing  taxes  on  certain  trades  and  professions 
cannot  be  considered  illegal  or  unconstitutional,  because  other  trades  and 
professions  are  not  taxed,  where  the  tax  on  the  enumerated  trades  or  pro- 
fessions is  imposed  on  all  persons  exercising  such  trades  or  professions. 
—3  Ann.  673.     2  Ann.  182. 

3. — No  person,  who  obtains  a  license  at  any  time  after  the  commence- 
ment of  the  year,  can  complain  that  he  pays  as  much  for  a  license  to 
trade  during  a  portion  of  the  year,  as  others  who  trade  for  the  whole 
year ;  the  infiquality  is  of  his  own  creation,  and  does  not  render  the 
statute  uncoM;itutional.    4  Ann.  549. 

4. — The  eity  council  have  no  power  to  levy  taxes  on  property  which 
is  not  situated  in  the  city,  but  merely  temporarily  within  its  limits. — 1 
M.  123. 

5. — They  have  the  right  to  tax  vessels  passing  the  bridge  on  the 
Bayou  St.  John. — 3  M.  218 ;  and  to  lay  a  tax  to  provide  for  a  prospec- 
tive deficiency. — 1  La.  5. 
^[P  6. — The  corporation  has  no  power  to  lay  taxes  on  property,  real  or 
personal,  owned  and  held  out  of  the  limits  of  the  incorporated  part  of 
the  city  and  faubourgs. — 3  La.  248. 

7. — Carts,  which  a  man  uses  for  his  own  purposes  in  hauling  water  for 
sale,  are  not  to  be  taxed  under  the  ordinance  for  taxing  vehicles  for  hire. 
—3  La.  248. 

8. — Licenses  cease  at  the  death  of  the  person  to  whom  granted, 
although'the  period  for  which  it  is  given  has  not  expired, — 9  La.  43S. 

9. — The  city  ordinance  of  February  3,  1845,  imposing  a  tax  on  retail 
dealers,  is  neither  illegal  or  unconstitutional. — 1  Ann.  387. 

10, — The  ordinance  of  August  29,  1846,  imposing  a  special  tax  on  all 
real  estate  within  limits  of  the  second  municipality,  for  the   purpose   of 
«  paying  its  debts  and  supporting  the  public  schools,  is  legal  and  constitu- 

tional.—2  Ann.  182. 

11. — The  corporation  is  not  bound  to  tax  real  and  personal  estate  at 
the  same  time  ;  a  tax  may  be  legally  imposed  on  either  alone. — 2  Ann. 
182 ;  1  La.  13. 

12. — The  ordinance  of  March  12,  1838,  sec.  4,  requiring  managers  of 
theatres  to  pay  annually  five  hundred  dollars  for  thq^  use  of  the  charity 
hospital  is  not  unconstitutional.  The  enaction  of  a  price  for  the  license 
so  granted  is  not,  in  its  proper  sense,  a  tax. — 2  Ann.  550  ;  5  Ann.  380. 

13. — Property  within  the  incorporated  limits  of  the  city,  not  laid  out 
into  streets,  is  subject  to  taxation  for  all  municipal  purposes,  except  the 
maintenance  of  lights,  of  the  police  and  the  expense  of  watering  and 
cleaning  the  streets.— 2  Ann.  611. 


REVEAUE— -TAXES  AND  LICENSES.  253 

• 

14. — Under  the  statute  of  1805,  rural  property  is  not  liable  for  assess- 
ment for  the  maintenance  of  lights,  of  the  city  watch,  and  for  cleaning . 
the  streets.— 10  Ann.  763. 

15. — An  ordinance  imposing  a  tax  on  all  retailers  of  soda  water,  with 
the  exception  of  apothecaries,  is  not  illegal  nor  unconstitutional  ;  nor 
will  the  fact,  that  the  party  had  paid  for  a  license  as  a  confectioner, 
exempt  him  from  liability  for  the  tax. — 4  Ann.  328.  Section  10  of  the 
city  ordinance  of  December  16,  1846,  does  not  authorize  the  imposition 
of  each  partner  of  a  banking  house  or  firm  of  the  whole  amount  of  the 
tax,  without  regard  to  his  residence  in  the  State.  The  tax  is  imposed  on 
the  business,  and  not  upon  the  individual  members  of  the  firm,  unless 
they  be  permanent  residents,  or  sojourners  within  this  State.  The  pow- 
er of  the  State  itself  to  lay  taxes  only  extends  to  persons  and  property 
within  its  jurisdiction. — 4  Ann.  407  ;  but  see  6  Ann.  783. 

16. — Under  the  act  of  May  4, 1847,  the  city  councils  had  the  power  of 
taxing  rural  property  within  the  limits  of  the  city,  in  the  same  manner 
that  urban  property  is  taxed  ;  but  a  distinction  between  rur^l  and  urban 
property  was  made  by  the  act  of  March  18,  1850. 

17. — The  remission  of  a  tax  by  the  council  is  an  extinguishment  of 
the  obligation,  and  the  tax  cannot  be  imposed. — 4  Ann.  605, 

18. — The  power  to  pay  and  collect  taxes  has  ever  been  understood  to 
operate  prospectively  and  never  retrospectively. — 6  Ann.  605. 

19. — An  ordinance  imposing  a  tax,  and  in  case  of  non-payment  to  be 
subject  to  a  fine  of  five  dollars,  etc.,  is  illegal  in  assessing  a  penalty  for 
the  non-payment  of  taxes.     This  is  not  within  the  municipal  power. — 

6  Ann.  515. 

20. — Taxes  imposed  by  political  corporations,  to  whom  a  portion  of 
the  powers  of  the  government  are  delegated  for  the  purpose  of 
government  and  police,  are  not  liable  to  seizure  on  executions  against 
those  corporations  ;  nor  are  funds  collected  on  judgments  for  taxes  liable 
to  such  seizure.  But  sums  due  to  municipal  corporations  for  paving,  or 
on  bonds  taken  for  paving,  are  liable  to  seizure. — 6  Ann.  570. 

21. — The  exigencies  of  government  require  that  the  process  for  the 
collection  of  taxes  should  be  summary.  They  are  to  be  regarded  not 
as  a  debt  to  be  enforced  against  the  debtor  who  contracted,  it  by 
judicial  proceedings,  but  a  contribution  required  from  the  citizens  for 
the  support  of  government,  and  for  the  protection  and  benefit  of  all. — 

7  Ann.  192. 

22. — The  power  of  taxation  is  limited  under  the  constitution,  and 
there  does  not  exist  either  in  the  legislature  or  in  any  of  the  subdivisions 
of  sovereignty,  a  power  of  apportioning'taxation  for  public  purposes, 
whether  of  a  general  or  of  a  local  character,  except  on  the  principle  of 
equality  and  uniformity. — 9  Ann.  446. 

23. — Article  123  of  the  constitution,  which  requires  taxation  to  be 
eqvial  and  uniform  throughout  the  State,  applies  to  municipal  and  paro- 
chial, as  well  as  other  taxes.— 9  Ann.  503 ;  10  Ann.  735  ;  but  see  2  Ann. 
182,  and  3  Ann.  673. 


254  REVENUE — TAXES  AND  LICENSES. 

24. — The  city  of  New  Orleans  has  the  right  to  sue  for  the  tax  imposed 
.  under  the  city  ordinance  passed  in  conformity  with  the  act  of  the  legis- 
lature of  the  12th  March,  1852.  (for  certain  railroads.)— 9  Ann.  561. 

26.— The  council  of  the  3d  municipality,  elected  for  1851,  was  incom- 
petent to  impose  a  tax  for  a  past  year.  The  statute  of  the  18th  March, 
1850,  designed  that  the  taxing  power  of  the  council  should  be  exercised 
prospectively. — 9  Ann.  44. 

26. — The  summary  mode  of  proceeding  against  delinquent  tax  payers 
by  advertisement,  in  place  of  citation  as  provided  by  the  act  of  1852, 
sect.  35,  applies  only  to  the  collection  of  taxes  assessed  subsequent  to 
the  act,— 9  Ann.  233. 

27. — By  the  act  of  1850,  all  property  belonging  to  charitable  institu- 
tions, is  exempt  from  taxation. — 9  Ann.  584. 

28. — ^'Taxable  lands"  comprise  buildings  on  lands,  so  as  to  authorize 
the  buildings  to  be  estin-ated  in  making  an  assessment  for  taxes;  for,  in 
legal  contemplation,  buildings  are  a  part  of  the  land. — 9  Ann.  368. 

29. — The  tax  assessed  by  the  common  council  on  all  drinking  houses 
is  legal,  and  the  tax  on  the  keeper  of  such  houses  is  payable  at  any 
^  period  of  the  year  when  it  may  be  found  that  he  is  not  provided  with  a 
license.  But  the  city  has  not  the  right  to  close  the  doors  of  a  drinking 
house  summarily  because  of  the  failure  of  the  keeper  of  it  to  take  out  a 
license. — 10  Ann.  321. 

30. — The  tax  imposed  up'bn  keepers  of  livery  stables  by  the  city  ordi- 
nance of  November  15th,  1849,  is  constitutional  and  legal. — 10  Ann.  56. 

31 — Article  123  of  the  constitution  has  reserved  the  right  of  the  leg- 
islature to  exempt  any  property  it  sees  fit,  from  taxation  altogether. 
But  if  it  tax  at  all,  then  it  must  tax  equally  or  in  a  uniform  ratio  accord- 
ing to  an  assessment  legally  made,  all  property  of  the  same  description 
upon  which  a  tax  is  levied. — 10  Ann.  735  ;  2  Ann.  503 ;  but  see  2  Ann. 
182  and  3  Ann.  673. 

32. — Where  taxes,  illegally  assessed,  have  been  paid  through  error, 
they  may  be  recovered. — 10  Ann.  73. 

33 — The  assessment  by  the  city  authorities,  on  account  of  subscription 
to  railroad  stock  and  for  the  consolidated  loan  tax,  is  essentially  a  tax. 
—10  Ann.  762. 

34. — The  license  tax  imposed  on  keepers  of  coffee  houses,  is  imposed 
upon  all  persons  of  the  same  class,  and  is  therefore  constitutional. — 9 
Ann.  305  ;  11  Ann.  68. 

35, — A  legal  presumption  exists  in  favor  of  the  correction  of  the 
assessment  rolls.  If  errors  «xist,  defendant  must  allege  and  prove  them. 
— 11  Ann.  69;  see  also  11  Ann.  195  and  251. 

For  other  decisions  on  this  subject,  see  "Hospitals,"  page  127 ; 
"New  Orleans,"  page  165;  Ordinances,  page  196;  and  "Streets"  and 
"Wharves. 


SALARIES  OF  CITY  OPriCERS. 


255 


SALARIES  OF  CITY  OFFICERS. 


No.  748.     The  following  are  the  salaries  fixed  by  the  several 
city  and  State  laws  : 

Mayor $5,000  per  an. —by  ord.  No.  2828 


1,200 
1,200 

800 
700 
800 
720 


Comptroller 4,000 

Treasurer 5,000 

Surveyor 3,000 

Street  Commissioner 8,000 

City  Attorney 4,000 

Sec.  Board  of  Aldermen 2,400 

''         "       Assist.  Ald^m'n  2,400 

Recorders,  (each) 2,500 

Recorder's  clerk,  1st  district  1,200 

<•'            "       2d      do  1,200 
"            "       8d      do 
"            "      4th     do 
First  assist,  clerk,  1st  district 

Second  do     do         ,do 

Assist,  clerk,  2nd  district... 

Assist,  clerk,  3d        do 

Surveyor's  clerk 1,200 

Two  chain  carriers,  (each)...  300 

Comptroller's  clerks,  one  at. . .  1,800 

"             "       two  at...  1,500 

"             "        one  at...  1,200 

Treas.  clerks,  assist,  treasurer  2,400 

"          book-keeper....  1,500 

"          two  clerks,  each  1,200 

"          assistant  clerk..  900 

runner 480 

City  Attorney's  clerk 1,200 

Street  Commissioner's  deputy  1,500 

'^    one  assistant 1,200 

''  two  assist.,  each  1,000 
"  three  assist.,  each  900 
"    three  assist.,  each      800 

''   clerk 1,200 

"    sup'nt  of  bridges  1,500 

Mayor's  clerks 4,000 

"        police  secretary 600 


acts  1856,  p.  145 

acts '56p.  146,  ord.  3106 

acts '56p.  146,  ord.  2957 

acts  1856,  p.  146 

acts  1856,  p.  146 

ord.  1623 

ord.  1638 

acts  1856,  p.  142 

ord.  132 

ord.  132 

ord.  2931,  132 

ord.  2935,  132 

ord.  546 

ord.  3211 

ord.  546 

ord.  2931 

ord.  2316,  2957 

ord.  2957 

ord.  8017,  132 

ord.  3017,  132 

ord.  132,  2375,  3017 

ord.  3106 

ord.  3106 

.  "      ord.  3106 

ord.  3106 

ord.  3106 

.  ord.  1861 

ord.  3054 

ord.  3054 

ord.  3054 

ord.  3054 

ord.  3054 

.  ord.  3054 

ord.  3139 

ord.  132 

ord.  2934 


256  SALARIES  OF  CITY  OPEICERS. 

Chief  (or  Captain)  of  Police,  $2,000  per  an: 

Four  Lieutenants,  eacli 1,000  " 

Ten  Sergeants,  each 700  " 

Day  Policemen,  each 700  '' 

Other  Policemen 600  " 

Chiefs  clerk, 900  " 

"       assistant  clerk 720  " 

Commissaries  of  markets,  each      720  " 

''  of  Washington  market     480  " 

''  ofNinthmarket4thdis      720  " 

Four  pound  keepers,  each. .. .      540  " 

Chief  Warden  of  Workhouse  1,200  " 

Deputy     ''                "  900  " 

Eight  Under  Wardens,  each      600  " 

Two  night  wathchmen,  each      600  " 

CFk  of  commit,  on  workhouse  1,200  " 

Two  Wharfingers,  each 1,500  " 

Four  assist,  wharfingers,  each     900  ^' 
Commissioners  of  the  McDon- 

ough  estate,   ea^h 1,500  " 

Sec'y  of  standing  committees 
and  committee  on  work- 
house and  prisons  1,500  " 

Sec'y  of  the  Commissioners  of 

House  of  Refuge 360  " 

Secretary  Finance  committee  1,800  " 
Secretary  of    committee    on 

Streets  and  Landings 1,200  " 

Sergeant-at-arms.of  Board  of 

Aldermen 1,200  " 

Sergeant-at-arms  &  doorkeep- 
er Board  Assist.  Aldermen  1,200  " 

Porter  of  City  Hall 900  " 

Sup'nt  Insane  Asylum 720  " 

Male  Assistant 540  " 

Female  Assistants,  each 180  " 

Bell  ringer,  St.   Pat.  church      480  " 
Laborers  in   surveyor's   and 
street    commissioner's  de- 
partments, each 8  5  per  month . 

Laborers'  in  wharfingers'  de- 
partment, each 40  " 


ord.  2100 
ord.  2100 
ord.  2100 
ord.  2100 
ord.  2100 
ord.  70 
ord.  2366 
ord.  639 
ord.  2329 
ord.  2941 
ord.  1520 
ord.  2i39 
ord.  351 
ord.  351 
ord.  2100,  351 
ord.  1679 
ord.  54 
ord.      54 

ord.  2134 


ord.  1679,  2926 

ord.  377,  1261 
ord.  3018 

ord.  3019 

ord.  132,  2855 

ord.  132 
ord.  1366 
ord.  1794 
ord'.  1794 
ord.  1794 
ord.  2040 

ord.  724 
ord.  1147 


SLAVES  AND  FREE  PERSONS  OP  COLOR.  257 

SCHOOLS.— See  ^^  Public  Schools/'  p.  212. 


SEAL. 

No.  749.  That  the  mayor  be,  and  he  is  hereby,  authorized 
to  have  a  "seal"  ordered  for  the  city  of  New  Orleans,  so  as  to 
enable  him  to  furnish  copies  of  documents  to  the  city  attorney 
and  the  several  courts. 

City  Ordinance,  No.  101. 

See  Acts  of  1856,  p.  141,  sec.  26. 


SLAUGHTER  HOUSES.— See  "Factories,''  etc.,  p.   89. 


SLAVES  AND  FREE  PERSONS  OF  COLOR. 

An  Ordinance  relalive  to  Slaves  and  Free  persons  of  color. 

No.  750.  (1.)  Be  it  ordained  hy  the  common  council  of  tJie 
city  of  New  Orleans,  That  it  shall  not  be  lawful  for  any  slave  to  Not  to  lodge,  etc., 
lodge  or  sleep  in  any  house  or  premises  other  than  that  of  his  ^^  ^^^  ^^^  ^  '^^' 
owner  or  master,  or  that  of  his  owner's  agent,  or  of  the  person 
to  whom  he  may  be  hired,  without  special  authority  in  writing 
so  to  do,  which  authority  or  permit  shall  specify  the  length  of 
time  for  which  it  may  be  given.  Any  slave  lodging  or  sleeping 
in  any  house,  room,  cabinet,  or  any  other  place  without  permit 
so  to  do,  as  aforesaid,  shall  receive  not  less  than  ten,  nor  more 
than  twenty-five  lashes,  unless  his  owner  shall  pay  a  fine  of  not 
less  than  ten  dollars  nor  more  than  twenty-five  dollars ;  and  any 
free  person  allowing  or  permitting  any  slave  to  lodge  or  sleep  in 
his  or  her  house  contrary  to  the  provisions  of  this  ordinance, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars.  One-half  of  which  fine  shall  be  for  the  benefit 
of  the  informer. 

No.  751,     (2.)  That  all  persons  be,  and  are  hereby  forbidden  Letting  wom?, 
from  letting  or  hiring,  by  the   month,  week  or  day,  any  house,  *  °''  °  *  *^^ " 
room,  apartment,  closet  or  place  whatever  within  the  limits  of 
this  city,  to  any  slave,  even  with  the  permission  or  authority  of 
33 


258  SLAVES  AND  TREE  PERSONS  OE  COLOR. 

his  or  h^r  owner  or  owners,  under  the  penalty  of  a  fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
and  every  contravention,  and  for  each   and  every   slave.     And 
*        any  owner  of  any  slave,  or  agent  of  such  owner,  who   shall 
permit   or   allow   his  or   her    slave   to  hire   any  house,  room, 
etc.,  as  aforesaid,  shall  be  fined  not  less  than  ten   dollars   nor 
more   than   one   hundred   dollars   for   each  and   every   contra- 
vention, and  for  each  and  every  slave  he  or  she  may  permit 
or    allow    to  hire   any    house,    room,    etc.,   in    contravention 
hereof.     One-half  of  which  fines  shall  accrue  to  the  benefit  of 
the  informer. 
DutyofpoUce.        No.  752.     (3.)  That  whenever  any  police  officer,  policeman 
or  watchman  shall  have  reasons  to  suspect  that  one  or  more 
slaves  occupy  a  house,  room  or  other  place  in  contravention  to 
the  provisions  of  this  ordinance,  it  shall  be  the  duty  of  such 
police  officer,  policeman  or  watchman  to  enter  the  same,  and  if 
any  slave  or  slaves  be  found  therein,  to  arrest  such  slave  or  slaves 
and  convey  them  to  the  police  jail,  and   immediately  report  the 
same  to  the  mayor  or  to  the  recorder  of  the  district  wherein  such 
arrest  be  made.     Any  person  who  shall  oppose  or  obstruct  a 
police  officer,  policeman  or  watchman  in  the  performance  of  the 
duties  imposed  upon  him  by  this  section,  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars. 
Slaves  not  to  as-      No.  753.     (4.)  It  shall  not  be  lawful  for  slaves  to  assemble 
in  any  of  the  streets,  roads,  public  squares,  meat  markets  or  in 
any  house,  cabaret,  grocery  or  coffee  house,  or  on  the  levee,  or 
any  other  place  whatsoever  in  this  city ;  and  it  shall  be  the  duty 
of  all  policeman  and  watchmen  to  arrest  and  conduct  to  the 
police  jail  all  slaves  found  assembled  in  contravention  hereto; 
and  the  slaves  so  found  assembled  shall  receive  not  less  than  ten 
nor  more  than  twenty-five  lashes,  unless  such  slave  shall  bo  the 
bearer  of  a  special  permit  from  his  master  so  to  assemble,  in  which 
case  the  said  master  shall  be   fined   not  less   than   twenty-five 
dollars   nor  more   than   one  hundred   dollars :    Provided,  that 
nothing  herein  contained  shall  be  so  construed  as  to  prohibit 
slaves  from  assembling  (with  their  owners'  consent)  in  a  church 
during  the  hours  consecrated  to  divine  service,  nor  from  attend- 
ing funerals :  Provided,  moreover,  that  they  may  assemble  on 
the  commons   for   the   purpose   of  dancing,  or   playing  ball,  or 
cricket,  permission  to  that  eff'ect  being  first  obtained  from  the 
mayor,  but  such  permission  shall  be  granted  by  the  mayor  for  no 
other  day  than  Sunday,  and  shall  expire  at  sunset. 


SLAVES  AND  FREE  PERSONS  OP  COLOR.  259 

No.  754.  (5.)  That  whoever  shall  assemble  slaves  at  his,  Penalty. 
her  or  their  house,  or  on  his,  her  or  their  garden,  lot,  square  or 
premises,  or  shall  suffer,  allow  or  permit  slaves  toessemble  in  his, 
her  or  their  house,  or  on  his,  her  or  their  premises,  or  who  shall 
refuse  to  allow  any  policeman  or  watchman  to  enter  such  house 
or  premises  for  the  purpose]of  arresting  slaves  assembled  therein, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars.  And  every  free  person  found  assembled  yith 
such  slaves  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  or  be  imprisoned  thirty  days,  in 
default  of  paying  the  fine. 

No.  755.  (6.)  All  persons  giving  public  balls  wherein  free  glares  not  to 
persons  of  color  are  admitted,  are  hereby  prohibited  from  admit-  coiored^persMw. 
ting  any  slave,  or  permitting  any  slave  to  be  admitted  to  such 
ball  or  balls,  under  the  penalty  of  a  fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars,  in  default  of  pay- 
ing which  fine  they  shall  be  imprisoned  thirty  days.  And  every 
slave  found  in  contravention  shall  receive  ten  lashes. 

No.  756.     (7.)   That  every  slave    (unless  blind  or  infirm)  Slaves  armed, 
found  in   any  of  the   streets,  roads,  public  squares  or    other 
public  places,  armed  with  a  cane  or  stick,  shall  receive  twenty- 
five  lashes,  and  every  slave  having  any  weapon  whatsoever  shall 
be  punished  as  prescribed  by  the  "Black  Code." 

No.  757.     (8.)  That  all  slaves  are  forbidden  to  quarrel,  yell.  Disturbance  of 
curse  or  sing  obscene  songs,  or  in  anywise  disturb  the  public  P^^ic places, etc. 
peace,  or  to  gamble  in  the  streets,  roads  or  other  places,  or  on 
the  levee.     Any  slave  found  contravening  hereto  shall  receive 
twenty-five  lashes. 

No.  758.  (9.)  That  any  master  or  captain  of  any  steamboat,  giarea  on  eteam- 
ship  or  other  vessel  moored  at  the  levee  or  at  any  of  the  wharves  ^^^^  and  vessels. 
of  this  city,  who  shall  permit,  suffer  or  allow  any  slave  employed 
on  board  of  such  steamboat,  ship  or  vessel  to  quarrel,  yell  or 
sing  obscene  songs,  or  in  any  manner  disturb  the  public  peace, 
or  gamble  on  board  of  such  steamboat,  ship  or  vessel,  shall  be 
fined  twenty-five  dollars  for  each  contravention. 

No.  759.     (10.)  Any  slave  who  shall  abuse  or  insult  a  free  insulting  free 
person  shall  receive  twenty-five  lashes.  persons. 

No.  760.     (11.)  That  any  person  who  shall  arrest  a  runaway  Runaway  slaves, 
slave  on  board  of  any  steamboat,  ship,  or  other  vessel,  and  lodge 
such  slave  in  the  police  jail  of  this  city,  shall  be  entitled  to  a 
reward  of  ten  dollars,  which  reward  shall  be  paid  on  due  proof 
being  made  to  the  person  or  persons  so  arresting  and  lodging 


260  SLAVES  AND  FREE  PERSONS  OP  COLOR. 

such  slave  in  said  jail,  by  the  owner  of  such  slave  prior  to  ob- 
taining a  release  for  such  slave;  in  default  thereof,  such  slave 
shall  remain  in  custody. 

Not  to  be  convey-      No  761.     (12.)  That  it  shall  not  be  lawful  for  the  proprietor 

Tesseis,  etc.  '  of  any  carriage,  cab  or  other  public  vehicle  whatsoever,  or  the 
owner,  master  or  captain  of  any  steamboat,  ship  or  other  vessel 
or  craft,  whatsoever,  to  give  passage  to  any  slave  without  the 
wriijten  permission  of  his  or  her  master,  or  his  or  her  agent,  under 
the  penalty  of  a  fine  of  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  each  and  every  contravention. 

Slave  parties,  etc.  No.  762.  (13.)  That  whenever  the  owner  of  one  or  more 
slaves  be  desirous  of  permitting  his  or  her  slaves  to  give  a  ball 
or  dance  at  the  dwelling  or  residence  of  such  owner,  it  shall  be 
the  duty  of  such  owner  to  obtain  a  written  permit  to  that  efiect 
from  the  mayor,  but  said  permit  shall  expire  at  9  o'clock,  P  M  ; 
and  any  owner  or  other  person  failing  so  to  do,  shall  be  fined 
twenty-five  dollars. 

Liquor  to  slaves.  ;^o,  7^3.  Q4,)  That  all  owners  or  keepers  of  cabarets,  grog- 
shops, groceries,  cofi'ee  houses  or  places  where  spirituous  liquors 
are  sold,  be,  and  are  hereby  forbidden  to  sell,  furnish  or  give 
spirituous  liquors  to  slaves,  without  the  written  permission  of 
their  master  or  owner,  under  the  penalty  of  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  and  every  con- 
travention. One  half  of  which  fine  shall  be  for  the  benefit  of 
the  informer. 

Liquor  to  slaves.  No.  764.  (15.)  That  any  owner  or  keeper  of  a  cabaret,  grog- 
shop, grocery  or  coffee-house,  and  any  other  person  who  shall  sell 
or  furnish  any  spirituous  liquors  to  any  slave  in  exchange  for 
goods,  wares,  produce,  merchandise,  wearing  apparel,  or  other 
effects,  shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars  for  each  and  every  contravention.  In  default 
of  payment,  he  or  she  shall  be  imprisoned  thirty  days.  One  half 
of  said  fine  shall  be  for  the  benefit  of  the  informer. 

jree persons,  No.  765.     (16.)  That  all  keepers  of  cabarets,  gTog-shops,  gro- 

to  play  cards  to-  ccries,  or  coffec-houses  be,  and  are  hereby  forbidden  to  permit  or 
allow  white  persons,  free  persons  of  color,  and  slaves  to  play  to- 
gether, cards,  dominoes,  or  any  other  games  whatsoever  in  their 
premises,  under  the  penalty  of  a  fine  of  fifty  dollars  for  the  first 
offense,  one  hundred  dollars  for  the  second  offense,  for  the  third 
offense  one  hundred  dollars,  and  to  forfeit  his  license,  and  shall 
be  deprived  of  the  right  of  obtaining  a  license  for  two  years 
thereafter.     It  shall  be  the  duty  of  such  policemen  or  watchmen 


SLAVES  AND  TREE  PERSONS  OP  COLOR.  261 

who  may  discover  white  persons,  free  persons  of  color  and  slaves 
playing  cards,  etc.,  as  aforesaid,  to  arrest,  without  distinction,  all 
persons  found  so  assembled.  All  persons  so  contravening  shall 
be  fined  as  follows,  viz  : 

Each  white  person,  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars. 

Each  free  person  of  color,  not  less  than  twenty-five  nor  more 
than  one  hundred  dollars. 

Each  slave  shall  receive  fifteen  lashes,  unless  his  master  prefers 
paying  a  fine  of  not  less  than  five  nor  more  than  fifty  dollars. 

No.  766.  (17.)  Every  slave  found  on  the  levee,  or  in  the  slaves  to  be  home 
streets  and  highways  within  the  limits  of  the  city,  after  8i  o'clock, 
P.  M.,  from  22d  September  to  22d  March,  and  9i  o'clock  P.  ]VI., 
from  22 d  March  to  21st  Sept.  (gun  fire)  without  a  pass  or  permit 
to  pass  aftef'BwciL  time,  which  permit  shall  specify  the  time  such 
slave  is  allowed  to  remain  out  after  gun  fire,  shall  be  ari'ested  and 
taken  to  the  police  jail,  and  shall,  on  the  order  of  the  recorder  of 
the  district  wherein  he  or  she  may  be  found,  receive  ten  lashes, 
unless  his  or  her  master  pays  a  fine  of  five  dollars. 

See  No.  251.  « 

No.  767.  (18.)  That  it  shall  be  the  duty^of  all  owners,  cap-  Free  persons  of 
tains  or  masters  of  any  steamboat  or  other  vessel  arriving  at  this  eS?'^  °^  vessels, 
port  with  free  persons  of  color,  in  contravention  to  the  laws 
of  this  State,  on  board,  employed  as  stewards,  cooks,  hands  or 
otherwise,  whenever  such  steamboat,  ship  or  other  vessel  is  about 
to  depart  from  this  port,  to  convey  such  free  person  of  color  back 
to  the  place  from  whence  they  came ;  and  any  owner,  captain  or 
master  of  any  steamboat,  ship  or  other  vessel,  permitting,  or  al- 
lowing or  suffering  any  such  free  person  of  color  to  remain  in 
this  city  after  the  departure  of  such  steamb'oat,  ship  or  vessel,  or 
discharging  any  such  free  person  of  color  therefrom,  under  any 
pretext  whatsoever,  shall  be  fined  one  hundred  dollars  for  each 
and  every  free  colored  person  so  permitted,  allowed  or  sufi'ered 
to  remain  or  discharged  in  violation  hereof.  One  half  of  which 
tine  shall  be  for  the  benefit  of  the  informer. 

No.  768.  (19.)  It  shall  not  be  lawful  for  any  person  to  sell  any  Merchandise,  etc 
commodities,  goods,  wares,  or  any  article  whatever  to  any  slave,  slaves,  ^  ^^^^  *° 
even  for  cash,  above  the  value  of  five  dollars,  or  to  make  any  pur- 
chase from  or  barter  with  a  slave,  unless  with  the  written  permis- 
sion of  the  owner  or  agent;  provided,  always,  that  the  said 
regulation  does  not  concern  the  commodities  or  provisions  which 
slaves  publicly  expose  for  sale  in  markets.     Any  person  con- 


I 


262  SLAVES  AND  FREE  PERSONS  OF  COLOR. 

travelling  shall  be  fined  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Slaves    brought      No.  769.     (20.)  That  all  persons  bringing  into  this  city  slaves 

etc.  from  other  States  or  Territories,  shall  within  twenty-four  hours 

after  their  arrival  in  the  city,  make  a  declaration  under  oath  be- 
fore the  mayor,  of  the  number  of  slaves  brought  by  them, — their 
sex,  name  and  age,  the  place  from  which  they  were  brought,  and 
also  the  name  of  the  town  or  country  where  they  last  resided. 
Every  person  shall  be  fined  not  less  than  twenty-five  dollars  for 
every  slave  brought  into  the  city  in  violation  of  the  provisions  of 
this  section. 

Slaves  ia  cabar  No.  770.  (21.)  That  it  shall  be  the  duty  of  the  police  to 
arrest  all  slaves  found  drinking  in  cabarets  or  cofiee-houses,  and 
each  slave  shall  receive  for  every  offense,  ten  lashes,  unless  his 
master  pay  a  fine  of  ten  dollars  ;  provided  such  slave  be  not  the 
bearer  of  a  written  permit  from  his  master  or  owner. 

Free  persons  of      No.  771.     (22.)  That  all  hotel  or  boarding-house  keepers,  or 

color  in    hotels,     ,■,  r      i,     •  i  •        •      . t     •    i  i      • 

etc.  other  persons  harboring,  or  keepmg  m  their  houses,  or  employing 

any  free  person  of  color  being  in  the  city  in  contravention  of  law, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars  for  every  offense. 

Duty  of  police,  No.  772. .  (23.)  That  it  is  hereby  made  the  duty  of  the  police 
officers,  policemen  and  watchmen  of  the  several  districts  of  this 
city  strictly  to  enforce  this  ordinance,  and  to  prevent  all  contra- 
ventions against  the  provisions  thereof,  under  the  penalty  of 
dismissal. 

Repealing  clause.  No.  773.  (24.)  That  all  ordinances  or  parts  of  ordinances 
contrary  to  the  provisions  of  this  ordinance,  be,  and  the  same  are 
hereby  repealed. 

City  Ordinance,  No.  3203.  'Approved  January  7th,  1857. 
See  Coffee  Houses,  page  44. 
For  Insane  Slaves,  see  No.  384. 
For  Punishment  of  Slaves,  see  No.  548. 

ACT  OF  THE  LEGISLATURE.* 
An  Act  relative  to  Slaves  and  Free  Colored  Persons. 
Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Punishment  for  t^^  State    of  Louisiana  in  General  Assembly  convened,  That  any  slave 
murder.  ^j^q  B^fiXi  commit  the  crime  of  wilful  murder,  on  conviction  thereof,  shall 

be  punished  with  death. 

. — •        

*  In  a  recent  case  the  Supreme  court  decided  that  the  act  of  1855, 
relative  to  slaves  etc.,  was  unconstitutional,  but  as  most  of  the  act  is  but 
a  copy  of  former  laws  ■which  are  constitutional,  it  is  here  inserted. 


SLAVES  AND  FREE  PERSONS  OF  OOIiOR,  268 

Sec.  2.    That  any  slave  who  shall  with  a  dangerous  weapon,  and  with  Punishment  for 

,    ,,  ,    cutting,    or    at- 

intent  to  kill,  cut  or  otherwise  wound  any  person,  or  who  shall  attempt  tempting  to  kill 
maliciously  to  kill  by  drowning,  or  strangling,  on  conviction  thereof,  gJangtog^"^  °^ 
shall  suffer  death. 

Sec.  3.    That  any  slave  who  shall  wilfully  and  maliciously  strike  his  ^t^?^\^^™®J*j.J?„ 
master  or  mistress,  or  his  master's  or  mistress'  child  or  any  white  over-  persons, 
seer  appointed  by  his  owner,  to  superintend  said  owners's  slaves,  so  as 
to  cause  a  contusion  or  shedding  of  blood,  shall  be  punished  with  death 
or  imprisonment  of  hard  labor  for  a  term  not  less  than  ten  years. 

Sec.  4.     That  if  a  slave  shall  shoot  at  or  stab  any  person  with  intent  Shooting  or  stab- 
to  kill,  such  slave,  on  conviction  of  either  of  said  offenses  shall  suffer  death.  ^^\^^ 

Sec.  5.     That  if  any  slave  or  free  colored  person  shall  wilfully  and  Povoning. 
maliciously  poison  or  attempt  to  poison  any  person,  he  shall  on  conviction 
thereof  suffer  death. 

Sec.  6.     That  if  any  slave  or  free  colored  person  shall  commit  a  rape.  Rape  on  -white 
or  attempt  to  do  so,  upon  the  body  of  any  white  female,  he  shall  upon  ^®™*  ®" 
conviction  thereof,  suffer  death.  « 

Sec.  7.     That  any  slave  who  shall  e%JOurage  or  excite  any  insurrec-  Exciting  insur- 
tion  or  revolt  in  this  State,    or  who  shall  be  in  any  wise  concerned  in  '^«°**<^'^- 
instigating  to  the  same,  on  due  conviction  thereof,  shall  ^fiffer  death. 

Sec.  8.     That  if  any  slave  or  free  colored  person  shall   wilfully  and  Arson.    . 
maliciously  burn  or  destroy  any  building  or  house,  or  shall  attempt   to 
bum  any  house  or  building  he  shall,  on  conviction  thereof,  suffer   death. 

Sec.  9.    That  if  any  slave  shall  strike  a  white  person,   for  the  first  striking  white 
and  second  offense  he  shall  receive   such  punishment  as  the  jury  shall  g|cond'offense.°*^ 
think  proper,  but  for  the  third  offense  the  said  slave  shall  suffer  death  ;  Third  offense. 
and  whenever  any  slave  shall  have  grievously  and  wilfully  wounded  or  Grievously 
mutilated  any  white  person,  although  it  prove  to  be  the  first   offense,   tilating. 
such  slave  shall  suffer  death  ;  provided  the  blow,   wound,  mutilation  or 
bruises  are  not  made  or  committed  in  defense  of  the  person   or  property 
of  his  master,  or  of  some  membet  of  his  family,  or  of  the   person  having 
charge  of  him,  or  in  whose  care  he  then  may  be,    in  which  case  the  said 
slave  shall  be  excused. 

Sec.  10,     That  any  slave  who  shall  feloniously  and  forcibly  take  any  Robbery, 
goods  or  money  from  the  person   of  another,   by  violence  or  by  putting 
him  in  fear,  shall,  upon  conviction,  be  punished  with  death  or  otherwise, 
at  the  discretion  of  the  court,  t 

Sec.  11.     That  any  slave  who  shall  break  into  and  enter  any  dwelling  Burglary, 
house,  store,  or  house  of  any  kind,  or  who  shall  attempt  to  do  so,   with 
the  intent  to  steal  or  to  commit  any  other  crime,  shall  upon    conviction 
thereof,  suffer  death,  or  other  punishment  at  the  discretion  of  the  court. 

Sec.  12.     That  if  any  slave  or  free  colored  person  shall  wilfully  and  Burning  stacks 
maliciously  burn,  or  destroy,  or  attempt  to  burn  or  destroy,    any  stacks  °^  ^^'^^  '^*"'  ®*'* 
of  rice,  corn,  fodder  or  other  grain   of  produce   of  this   State,   raw  or 
manufactured,  or  any  work  other  than  a  building,  he  shall,  on  conviction 
thereof,  be  punished  at  the  discretion  of  the  court. 

Sec.  18.     That  if  any  slave  shall  threaten,  insult  or  strike  the  overseer,  Threatening, 
or  other  white  person  representing  his  owner,  he  shall  be  punished  at  the  gStiig^oTeSeer. 
discretion  of  the  court. 


264 


SLAVES  AND  FBEE  PERSONS  OF  COLOR. 


Rebelling  against 
overseer. 


Insulting  or 
beating  white 
person. 

Trespass. 


Sec.  14.  That  any  slave  wlio  shall  revolt  or  rebel  against  any  -white 
overseer,  appointed  by  his  owner  to  superintend  the  conduct  of  his 
slaves,  when  being  punished  by  him,  or  another,  by  his  orders,  shall 
on  conviction  thereof  be  punished  at  the  discretion  of  the  court. 

Sec.  15.  That  if  a  slave,  or  free  person  of  color,  insult  or  assault 
and  beat  any  white  person,  such  offender,  on  conviction  of  either  of  said 
offenses,  shall  be  punished  at  the  discretion  of  the  court. 

Sec  16.  That  if  any  slave  shall  cut,  pulldown,  burn,  destroy,  or 
carry  away  any  tree,  wood,  or  timber,  growing  or  lying  on  the  land  of 
another,  without  the  consent  of  the  owner,  or  legal  pofesessor  thereof, 
he  shall,  on  conviction,  be  condemned  to  receive  thirty-nine  lashes  ; 
nothing  contained  in  this  section  shall  be  so  construed  as  to  authorize 
the  punishment  of  a  slave  for  the  acts  above  mentioned  who  shall  have 
acted  under  the  express  orders  of  his  owner,  or  person  having  a  legal 
command  over  him. 

Sec.  17.  That  any  slave  who  shall  be  guilty  of  larceny  shall  be 
punished  at  the  discretion  of  the  court. 

Sec.  18.  That  whoever  shall  mflict,  or  cause  to  be  inflicted,  any  cruel 
treatment  \ipon  any  slave,  whether  by  maltreating,  flogging,  failing  to 
clothe  and  feed  in  a  proper  manner,  by  imprisoning,  by  putting  in  irons, 
-or  by  illtreating  in  any  other  manner,  to  be  judged  of  by  the  court  and 
jury,  shall  be  fined  not  less  than  fifty  nor  more  than  two  hundred 
Power  to  decree  dollars.  The  court  and  jury  shall  have  power  in  all  cases,  whether  they 
convict  or  not,  to  decree  the  sale  of  the  slave  at  public  auction.  The 
owner  shall  not  be  allowed  to  purchase  either  directly  or  indirectly,  or  to 
have  under  his  control  the  said  slave,  under  the  penalty  of  one  thousand 
dollars.  The  price  of  the  slave  thus  sold,  shall  be  paid  over  to  the 
owner  after  deducting  all  costs. 

It  shall  be  the  duty  of  the  committing  magistrate,  to  whom  com- 
plaij^t  shall  be  made,  to  notify  the  district  attorney,  of  the  district 
whose  duty  it  shall  be  forthwith  to  prosecute  the  owner  of  the 
slave. 

Sec.  19.  That  any  free  person  who  shall  play  at  any  game  of 
chance,  or  make  any  bet,  or  in  any  manner  gamble  with  any  slave, 
shall  on  conviction  thereof,  be  fined  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  and  be  imprisoned  in  the  parish  jail 
not  less  than  one  month  nor  more  than  oje  year  ;  and  on  a  second  or 
any  subsequent  conviction  for  a  similar  offense,  shall  be  fined  one 
thousand  dollars  and  be  imprisoned  in  the  parish  jail  one  year. 

Sec.  20.  That  any  master  or  other  persoif  having  the  charge  oi 
IlavlTaccuse^i  of  government  of  any  slave  accused  of  any  capital  crime  who  shall  conceal 
coital  crime.  qj.  convey  him  away,  so  that  he  cannot  be  brought  to  trial  and  punish- 
Penaltv  when       ment,  shall  forfeit  the  sum  of  one  thousand  dollars.     But  if  such  slave 

slave  is  not  ac-  -.     accused  of  a  crime  not  capital,  then  he  shall  forfeit  the  sum   of  five 

cused  01  capital 

crime.  hundred  dollars. 

Harboring  or  Sec.  21.     That  if  any  person  shall  harbor  or .  conceal  any  runawaj 

concealing    run-  giayg^  knowing  him  to  be  such,  or  shall  cut  or  break  any  iron  chain  oi 

Cutting  or  break-  collar  which  any  master  of  slave  may  have  used,  he  shall,  on  conviction 

Sfiar?''  *'^"''  °^  thereof,  be  fined  not  less  than  two  hundred  nor  more  than  one  thousand 


Larceny. 


Cruel  treatment 
of  slaves. 


the  sale  ot  slaves 
cruelly  treated, 


District  attorney 
to  prosecute. 


Gambling  with 
slaves. 


Penalty  for  pre- 


SLAVES  AND  FREE  PERSONS  OF  COLOR.  265 

dollars  ;  and  in  default  of  payment,  he  shall  be  imprisoned  not  less 

than  three  nor  more  than  six  months. 

Sec.  22.     That  any  person  who  shall  furnish  slaves  with  any  false  Furnishing 

,.n      ,  ,.  ,  .    ,  ,    .   .      .  ^,1  A-        slaves  with  false 

free  papers  or  certificates  of  birth  or  christening,   falsely  representing  f^^^  papers  or 

such  slave  to  be  free,  shall  be  punished  for  each  and  every  such   offense,  ^^^th  S^hristen- 

as  in  case  of  forgery.  ing. 

Sec.  23.     That  any  person  who  shall  buy,  sell,  or  receive  of,  to,  or  Buying  from  or 

1  ■,  n    1  -,  I         •  •  T  i-x,       selling  to  slaves 

from  any  slave,  any  corn,  hay,   fodder,  meal,  spirituous  liquors  or  other  without  the  con- 
produce  or  commodity  whatsoever,  without   the   consent,   in  writing,    of  ^f'^jji^n'^r  or^eS 
the  owner,  ovCTseer  or  employer  of  such  slave,  shall  be  held  guilty  of  a  ployer. 
high  misdemeanor,  and  shall,  on  conviction  thereof,   be  fined  in  .a  sum 
not  less  than  fifty,   nor  more  than  five  hundred  dollars,   and  shall  be 
imprisoned  in  the  parish  jail,    not  less  than  one  nor  more   than  twelve 
months,  one-half  of  the  fine  to  be  paid  to  the  informer  and  the  other 
half  to  the  parish. 

In  the  indictment  or  information  for  the  oflFense  specified  in  this 
section,  it  shall  not  be  necessary  to  charge  the  kind  or  quantity  of  the 
produce  or  commodity  so  bought,  sold  or  received,  nor  the  name  of 
the  slave,  nor  the  name  of  his  owner,  and  on  the  trial  of  such  indictment, 
it  shall  not  be  necessary  to  prove  the  name  or  ownership  of  such  slave, 
but  it  shall  be  deemed  and  held  sufficient  to  prove  that  such  buying, 
selling  or  receiving  was  of,  to  or  from  a  slave,  if  he  be  a  person  of 
color. 

Sec.  24.  That  if  any  slave  shall  be  seen  or  found  in  any  storehouse,  ware-  what  shall  be 
house,  tippling  shop  or  other  place  fitted  up  or  kept  for  trading,  unless  Jence^f  the  corn- 
sent  by  his  owner,  overseer  or  employer,  after  the  hour  of  nine  o'clock  at  mission  of  the 
night,  or  before  daybreak  in  the  morning,  or  on  the  Sabbath  day;  or  if  in  the'foiegoing 
any   slave   shall  be  found  at  any  time  in  any  of  the  aforementioned  section, 
places,  unless  sent  as  aforesaid,  where  he  shall  have  been  permitted  to 
remain  for  the  space  of  five  minutes  with  the  door  of  the  place  closed  ; 
or  if  any  slave  shall  be  seen  to  carry  into  the  aforementioned  'place  any 
article  or  commodity  supposed  for  sale,  and  not  bringing  the   same  out, 
or  if  he  shall  bring  out  of  such  place  any  article  or  commodity   which 
may  have  been  purchased  or  received  therein;   or   if  any  slave,  being  a 
teamster,  or  driver  of  any  team,  cart,   wagon  or  other  vehicle,    shall  be 
seen  to  leave  his  team  before  or  near  the  door  of  any  such  storehouse, 
warehouse,  tippling  shop,  or  other  place  fitted  up,    or  kept  for  trading, 
and  enter  such  place,  and  there  remain  for  the  space  of  five  minutes,    at 
any  hour  of  the  day  or  night,  without  the  consent  of  his  owner,  overseer 
or  employer,    and  shall  be  seen  to  carry  into  the  aforesaid  place  any 
article  or  commodity,  supposed  for  sale,  and  not-bring  the  same  out ;    or 
if  he  shall  bring  out  of  such  place  any  article   or  commodity  which  may 
have  been  purchased  or  received  therein,  without  the  consent  aforesaid  ; 
or  if  the  owner  of  the  aforementioned  places  of  trading,    or  slave,  or  any 
person  of  whatsoever  description  is  seen  to  go  to  the  aforesaid  teamster's 
vehicle,   be   it  of  any   description,    and  take  or  receive  therefrom,    or 
receive  from  it,  by  the  teamster,   or  any  one  else,    any  article  or  com- 
modity whatsoever,  supposed  for  sale,  and  take  the  same  into   the  afore- 
said place  for  trading  and  not  bring  the  same  out ;  or  if  they  bring  out 


266  SLAVES  AND  FEEE  PERSONS  OF  COLOR. 

of  the  place  of  trading,  any  article  or  commodity  supposed  to  have  been 
purchased  or  received  therein,  and  put  the  same  into  or  upon  the  vehicle, 
or  deliver  to  the  teamster  in  any  manner  whatever ;  the  same  shall  be 
taken  as  persumptive  evidence  against  the  person  owning  or  keeping 
such  storehouse,  warehouse,  tippling  shop  or  other  place  fitted  up  or 
kept  for  trading,  of  the  offense  described  in  the  two  preceding  sections, 
to  be  rebutted  however,  like  other  presumptives. 
Pica  Tvhich  can-  Sec.  25.  That  no  person  prosecuted  under  the  provisions  of  the  two  pre- 
not  be  made.        ceding  sections  shall  plead  that  the  articles  sold  or  purchased,  were  given, 

sold  or  delivered  by  any  person  in  his  employ  without  his^nowledge. 
Proof  of  consent      Sec.  26.     That  in  all  trials,  for  trading  with  slaves,  the  accused  shall 
of  owner,  -^^  permitted  to  prove  the  consent  of  the  owner  or  employer  of  the  slave 

by  production  of  the  original  writing  or  by  parol  evidence. 
Encourao-ing  in-      ^^^-  ^^'     ^^^^  ^^  ^^7  Person  shall,  by  words,    actions,  writing,  or  in 
Burrectiou.  any  other  manner  whatsoever,  persuade,  encourage,  or  advise  any  slave 

to  insurrection,  against  his  lawful  proprietor,  or  against  the  white  inhab- 
itants of  the  State  or  the  government  thereof,  such  person,  on  conviction, 
shall  suffer  death  or  imprisonment  at  hard  labor  at  the  discretion  of  the 
court. 
Attempt  to  pro-      Sec.  28.     That  whoever  shall,  with  the  intent  to  produce  disco'ntent 
'^mone^free^^coi*  ^^^^^S  *^^  ^^^®  Colored  population,  or  insubordination  among  the  slaves, 
ored  persons  or  write,  pxint,  publish  or  distribute,  anything  having  a  tendency  to  produce 
among  slaves.       discontent  among  the  free  colored  population,    or  insubordination  among 
the  slaves  therein,  shall,  on  conviction,  be  sentenced  to  imprisonment  at 
hard  labor,  or  suffer  death  at  the  discretion  of  the  court. 
Using  language         Seo.  29.     That  "Whoever  with  the  intent  aforesaid,  shall  make  use  of 
aforesa^^  mtent  language  in  any  public  discourse,  from  the  bar,  the  bench,  the  stage,  the 
pulpit,  or  in  any  place  whatsoever,  or  whoever  shall  make  use  of  lan- 
guage in  private  discourses   or  conversations,  or  of  signs  or  actions,  hav- 
ing a  tendency  to  produce  discontent  among   the  free  colored  population 
of  this  State,  or  to  excite  insubordination  among  the  slaves  therein;  or 
Bringing  papers  whosoever  shall  knowingly  be  instrumental  in  bringing  into  this  State  any 
T^ith  said  intent,  paper,   pamphlet  or  book  having  such  tendency,   shall,  on  conviction 
thereof,   suffer  imprisonment  at  hard  labor  not  less  than  three  nor  more 
than  twenty-one  years,  or  death,  at  the  discretion  of  the  court. 
Duty  of  judges  to      Sec.  80.     That  it  shall  be  the  duty  of  judges  in  this  State  to  give  the 
juSe?^o?the  two  two  preceding  sections  in  charge  to  the  grand  jury  at  each  term  of  their 
tk.ns?'"^^^'"'      J'espective  courts. 

Stealing  slaves.         Seo.  31,     That  every  person  who  shall  inveigle,  steal,  or  carry  away 

any  slave,  or  shall  hire,  aid  or  counsel  any  person  in  so  doing,  or  shall 

aid  any  slave  in  running  away   or  departing  from  his  master's  service, 

shall,  on  conviction  thereof,  suffer  imprisonment  at  hard  labor  not  less 

than  two  or  more  than  twenty  years, 

Conveying  slaves      Sec.  32.     That  if  the  master  of  any  vessel  in  this  State,  or  any  other 

oS^bolS^of  ve*s!  person,  shall  convey  out  of  the  State,  on  board  of  any  such  vessel,  any 

seis,  or  receiving  slave,  the  property   of  any  person,  without  the  consent  of  his  owner,  or 

them   on    board     ,    „  .  ,         ,     „  ,  ,  ,  -^  ^      -i. 

with  such  intent,  shall  receive  on  board  of  any  such  vessel  any  slave,  or  permit  or  suffer  it 

to  be  done,  with  the  intent  and  for  the  purpose  of  carrying  and  conveying 
him  out  of  this  State,  or  shall  wilfully  conceal  or  permit  to  be  concealed 


slav:es  and  free  persons  op  color.  267 

on  board  of  any  such  vessel,  any  slave,  with  the  intent  and  for  the  pur- 
pose of  enablinp;  him  to  escape  out  of  this  State,  he  shall,  on  conviction 
of  any  such  offense,  suffer  imprisonment  at  hard  labor  for  a  term  not 
exceeding  seven  years,  and  not  less  than  three  years,  and  shall  pay  the 
value  of  the  slave  and  all  damages  that  the  owner  may  have  suffered 
thereby,  which  damages  shall  be  assessed  by  the  same -jury  who  shall 
give  their  ^erdict  on  the  criminal  prosecution. 

The  owners  of  said  vessel  shall  be  considered  bound  jointly  and  sev- 
erally to  mak^good  such  claim.  Whenever  any  slave  shall  be  found  on 
board  any  vessel,  the  presumption  shall  be  that  he  was  received  or  con- 
cealed on  board  with  the  intent  aforesaid,  saving  to  the  party  accused  the 
right  of  showing  the  contrary. 

Sec.  33.     That  the  owner  of  any  slave  so  carried  away,  shall  have  a  Lien  on  the  ves- 
lien  on  the  vessel;  which  lien  shall  not  affect  bona  fide  purchasers,  and  ^®  * 
shall  not  take  precedence  over  other  liens  now  recognized  by  law. 

Sec.  84.     That  suits  may   be  brought  and  prosecuted  to  execution  Manner  in  which 
against  all  the  persons  mentioned  in  ^the  two  preceding  sections  at  the  troughrtorecov- 

same  time,  but  a  recovery  and  payment  under  execution  or  otherwise,  of  ^^  undar  the  two 

'  -f  r  J  J        preceding  see- 

the value  of  the  slave  so  carried  away,  with  damages  from  any  one  of  the  tions. 

persons  above  mentioned,    shall  be  a  bar  to  any  further  civil  procedings 

on  the  part  of  the  owner,  against  each  and  all  the  others  above  mentioned. 

Sec.  35.     That  if  any  person  shall  carry,  or  attempt  to  carry  out  of  Carrying  or   at- 

the  State,  by  land,  any  slave  without  the  consent  of  the  owner,  with  the  early  Slaves  out 

intent   of  causing  such  slave  to   escape,   he  shall,  on  conviction  thereof,  °^.  *^®  ?*^t® 

°  ,  •■  without  the  coa* 

suffer  imprisonment  at  hard  labor  for  a  term  not  exceeding  seven  years,  eent  of  their 

and  not  less  than  three  years,  and  shall  moreover  be  sentenced  to  pay  the  °^^®^^- 

value  of  the  slave  and  all  damages   that  the  owfier  may  have  suffered 

thereby ;  which  damages  shall  be  assessed  by  the  same  jury  who  shall 

give  their  verdict  on  the  crijninal  prosecution. 

Sec.  36.  That  if  any  person  who  may  have  mortgaged  his  slave  to  Transporting 
another,  shall  transport,  or  attempt  to  transport,  or  cause  to  be  transport-  ^°t^ol^the  S^ate. 
ed  out  of  this  State,  the  slave  thus  mortgaged,  in  fraud  of  the  holder, 
the  person  thus  offending,  his  aiders  and  abettors,  shall,  on  conviction 
thereof,  suffer  imprisonment  at  hard  labor  not  exceeding  seven  years,  nor 
less  than  three  years,  and  shall  be  liable  to  pay  all  damages  that  tho 
holder  of  the  mortgage  may  have  suffered  thereby,  which  damages  shall 
be  assessed  by  the  same  jury  who  shall  give  their  verdict  in  the  criminal 
prosecution. 

Sec.  37.     That  if  any  slave  shall  be  found  on  board  of  any  vessel  with-  Presumption 
out  the  written  consent  of  the  owner,  the  master  and  proprietors  of  said  against^masters 
vessel  shall  be  presumed  to  have  received  said  slave  on  board  with  the 
intention  of  depriving  his  master  of  him,  and  of  transporting  him  out  of 
the  State,  or  from  one  part  of  the  State  to  another,  and  shall  be  respon- 
sible in  solido  to  the  owner  of  the  slave  in  the  sum  of  one  thousand  dol- 
lars :  provided,   that  the  penalty  herein  declared,  shall  not  be  enforced  Proviso, 
when  the  discovery  shall  have  been  made  by  the  master  of  said  vessel, 
and  the  slave  returned  without  delay  to  his  owner. 

Sec.  38.     That  any  person  who  shall  import  into  this  State  any  slave  Bringing   slaves 
who  shall  have  been  convicted  of  any  crime,  shall,  on  conviction  thereof,  Sto  the  staTe?"^ 


268  SLAVES  AND  TREE  PERSONS  OP  COLOR. 

forfeit  said  slave  to  the  State,  provided  said  slave  remain  in  his  posses- 
sion; if  not,  he  shall  be  fined  in  a  sum  equal  to  the  value  of  the  slave. 

Duty  of  commit-      Sec.  39.     That  whenever  a  slave  shall  be  accused  of  a  crime  or  offense, 

ting    magistrate  xi       xi_      •      x-         i?    xi.  x, 

in  certain  cases,  by  any  person,  on  oath,   the  justice  of  the  peace  or  other  committing 

magistrate,  before  whom  the  complaint  is  made,   shall  cause  the  slave 

accused  to  be  arrested  and  confined  in  the  parish  jail  to  await  his  trial. 

Tribunal  for  the      Sec.  40,     That  slaves  accused  of  capital  crimes,   shall  be, tried  by  a 

cus^eV^cf '^capitS  tribunal  to  be  composed  of  two  justices  of  the  peace,  and  ten  owners  of 

offenses.  slaves  resident  in  the  parish   where  the  crime  may  have  bqen -committed. 

tribunal  for  the      Sec.  41.     That  if  any  crime  or  offense  not  capital  shall  be  committed 

cufed'ofoffenses  ^^  ^"^  s\sL\e,  he  shall  be  tried  by  a  tribunal  composed  of  a  justice  of  the 

not  capital.  peace  and  four  proprietors  of  slaves,  who   shall  be  summoned  by  the 

justice  of  the  peace  to  attend  at  the  day  and  hour  fixed  for  such  trial, 

under  the  same  penalties  to  which  jurors  are  subject  when  they  refuse  or 

neglect  to  attend  the  courts  of  this  State. 

(Sections  42,  43,  44,  45,  46,  47,  48,  49,  50,  51,  52,  53  and  54,  and 
Acts  of  1855,  page  37,  relate  to  the  trial  of  slaves  for  capital  offenses.) 

Error  of  form  Sec.  55.     That  no  proceedings  shall  be  annulled  or  impeded  by  any 

Jury  may  com-  Sec.  56.  That  in  all  cases  where  a  slave  is  charged  with  a  crime 
ishment^of  slaves  Punishable  with  death  or  imprisonment  at  hard  labor  for  life,  the  jury 
shall  have  a  discretionary  power  to  commute  the  penalty  and  inflict  a 
lesser  punishment. 
Who  cannot  be  Sec.  57.  That  no  member  of  any  tribunal  in  this  State  for  the  trial 
jurors.  ^£  slaves,  shall  be  either  the  proprietor  of,  or  related  within  four  de- 

grees of  consanguinity  to  the  owner  of  the  slave  prosecuted. 
Delivery  of  Sec.  58.     That  the  sheriff  of  the  parish  where  said  trial  is  held,  on 

BorThaving  ^^^"  *  receipt  of  a  proper  order  from  the  justice,  accompanied  by  a  certi- 

charge  of  the       fied  copy  of  the  verdict,  and  judgment  thereon,  shall  deliver  such  slave 
penitentiary.  .  /  "^  ,  »    , 

into  the  posession  of  the  person  having  charge  of  the  penitentiary, 

who  shall  receipt  to  him  therefor. 

Evidence  of  Sec.  59.     That  the  evidence  of  slaves  under  oath  shall  be  received  in 

Right  of  chal-  Sec.  60.     That  in  all  trials  of  slaves  who  may  be  charged  with  the 

^^°^®*  commission  of  any  capital  offense,  the  punishment  of  which  may  be 

death,  they  shall  be  entitled  to  challenge  peremptorily  six  jurors  and 

any  further  number,  for  cause;  provided,  that  if  two  or  more  slaves  are 

put  upon  trial   as   particeps   criminis  in  the  commission  of  any  such 

offense,  they  shall  not  be  entitled  to  six  challenges  each. 

Sale  of  old  or  dis.      Sec.  61,     That  if  at  a  public  sale  of  slaves,  there  happen  to  be  some 

certain  tasTs!  "^  who  are  disabled  through  old  age,  or  otherwise,  and  who  have  children 

they  shall  be  sold  with  such  one  of  their  children  as  they  may  choose  to 

go  with. 

Penalty   against      Sec  62.     That  no  slave  shall  carry  any  arms  except  by  permission 

arms!    ^^'^^^^"°  in  writing  of  his  owner,  or  person  having  him  in  charge  ;  and  in  case 

any  person  shall  find  any  slave  in  possession  of  any  firearms  or  other 

dangerous  or  offensive  weapons,  without  such  permission,  he  may  seize 

the  same ;  and  it  shall  be  his  duty  within  twenty-four  hours  after  such 


SLAVES  AND  FREE  PERSONS  OP  COLOR.  269 

seizure,  to  go  before  a  justice  of  the  peace  and  declare  on  oath  the  cir- 
cumstances of  s^h  seizure  ;  and  the  justice  shall  forthwith  notify  the 
owner  or  other  person  having  charge  of  such  slave,  if  known,  of  the 
seizure;  and  if  on  the  examination  of  the  case  the  justice  shall  be  satis- 
fied that  said  weapon  has  been  lawfully  seized,  he  shall  rendet  a  judg. 
ment  of  forfeiture  in  favor  of  the  person  who  seized  it ;  provided, 
however,  tliat  such  weapon  shall  remain  in  the  posession  of  the  court,  and 
the  owner  thereof  shall  have  the  right  to  reclaim  the  same  at  any  time 
within  ninety  days  thereafter,  on  the  payment  of  ten  dollars  to  the  use 
of  the  person  making  the  seizure,  and  the  costs  of  forfeiture,  unles^ 
such  weapon  shall  have  been  stolen,  in  which  case  it  shall  be  delivered 
up  to  the  owner,  on  the  payment  of  the  costs  of  forfeiture. 

Sec.  63.  That  no  person  whatever  shall  allow  any  slave,  whose  care  Slaves  not  to  go 
and  conduct  are  entrusted  to  him,  to  go  off  the  plantation  or  premises  ^^t?ou?*written 
without  a  written  permission.  permission. 

Sec.  64.     That  whoever  shall  give  a  pass  or  permit  to  any  slave,  who  Penalty  for  giv- 
is  the  property  or  under  the  care  of  another  person,  without  the  consent  g°^^*  of^another 
or  against  the  will  of  the  owner  or  other  person  under  whose  charge  he  without  consent 
may  be,  shall  be  liable  to  the  penalty   of  fifty  dollars  to  the  owner  of 
the  slave ;  and  in  case  he  is  unable  to  discharge   the  fine,  he  shall  be 
imprisoned  for  the  space  of  one  month. 

Sec.  65.    That  if  any  slave  shall  be  found  absent  from  his  usual  place  Slaves  absent 

of  working,  or  residence,  without  some  white  person  accompanying  him,  p^^^  o/working, 

and  shall  refuse  to  submit  himself  to  examination,  any  freeholder  shall  refusing  to  sub- 

•;  mit  to  examina- 

be  permitted  to  seize  and  correct  him,  and  if  he  should  resi^  or  attempt  tion,  how  dealt 

to  make  his  escape,  the  freeholder  is  authorised  to  make  use  of  arms,  ^* 
but  to  avoid  killing  the  slave,  but  should  the  slave  assault  and  strike 
him,  he  is  authorised  to  kill  him. 

Sec.  66.  That  whoever  shall  beat  a  slave  without  being  lawfully  penalty  for  un- 
authorised, shall  pay  for  every  such  offense  a  fine  not  exceeding  fifty  a^thorizediy 

^  r   J  J  &         J    beating  slaycs. 

dollars  ;  and  if  the  slave  be  mutilated  or  rendered  incapable  of  working, 

he  shall,  besides,  be  obliged  to  pay  the  master  of  the  slave  the  sum  of 

two  dollars  per  day  for  every  day's  work  lost. 

And  if  any  slave  should  be  forever  rendered  unable  to  work,  then  the 
offender  shall  pay  his  value,  and  the  slave  thus  disabled,  shall  be  main- 
tained at  the  expense  of  the  person  who  disabled  him  ;  provided,  that 
should  the  offender  be  unable  to  pay  the  fine  and  expense  incurred,  the 
court  shall  condemn  the  offender  to  prison  for  a  period  not  less  than  one 
month  nor  more  than  one  year. 

Sec.  67.  That  every  person  occupying  a  plantation  with  slaves,  shall  Penalty  for  not 
be  bound  to  have  permanently  thereon,  a  white  person  to  oversee  and  having  a  white 
...  1       ,.  XI  1  ^  -1  ,       ,  overseer  on  plan- 

maintain  a  good  police  among  them  ;  and  on   lailure   to  do  so,  on  con-  tation. 

viction  thereof,  he  shall  be  fined  not  less  than  one  hundred  nor  more 

than  five  hundred  dollars. 

Sec.  68.     That  no  person  shall  introduce   into  this  State  any  child  Penalty    for  in- 

under  the  age  of  ten-  years,  unaccompanied  by  its  mother  if  livino-.  un-  Producing    slave 

,^        „       ,  ,         ,,  ,  ,  children  under 

der  a  penalty  of  not  less  than  one  thousand  nor  more  than  two  thousand  ten  years  of  age 

dollars,  and  the  forfeiture  of  the  slave.    In  all  trials  for  a  violation  of  without  fheir 

this  section,  the  burthen  of  proving  the  age   of  the  child,  and  that  its  "pothers. 


270  SLAVES  AND  FREE  PERSONS  OF  COLOR. 

mother  was  dead  at  the  time  of  introducing  it,  shall  be  on  the  person 
accused.  t 

Penalty  for  eell-  Sec.  69.  That  whoever  shall  sell  the  mother  of  any  slave  under  the 
ing  mother  or 

child  separately  age  of  ten  years,  separate  from  said  child,  or  shall  sell  any  slave  child 
from  each  other,  ^^(jgy  j-j^^  ^ge  of  ten  years,  separate  from  its  mother,  shall  incur  the 

penalties  prescribed  in  the  preceding  section. 
Rehibitory  action      Sec.  70.     That  any  person  who  shall  have  purchased  any  ^ave  con- 
tai^u  cases?    ^^^'  "dieted  of  any  crime  out  of  this  State,  and  brought  into  it,  contrary  to 
law,  shall  be  entitled  to  a  rehibitory  action  against  the  seller,  besides 
lieing  entitled  to  such  damages  as  may  be  assessed  by  a  jury. 

(Sections  71,  72,  73,  and  74  relate  to  the  emancipation  of  slaves,  and 
haVe  been  repealed  by  the  act  of  1857  which  is  inserted  in  Appendix  at 
the  end  of  this  book. 

Slaves  not  enti-  ^^^'  "^"  ^^^*  ^^  ^^^^®  ®^^^^  ^®  entitled  to  his  freedom  under  the 
tied  to  their  free-  pretence  that  he  has  been  with  or  without  the  consent  of  his  owner  in  a 
of  having  been  country  where  slavery  does  not  exist,  or  in  any  of  the  States  where 
aoSlotl^st.     «l^^«ry  i«  prohibited. 

When  lawful  to  Sec.  76.  That  it  shall  be  lawful  to  fire  upon  runaway  negroes  who 
fireon  runaways,  jj^^y  j^g  armed,  when  pursued,  if  they  refuse  to  surrender. 

Taking  up  runa-      Sec.  77.     That  every  person  taking  up  a  runaway  slave  shall  imme- 

^*y®*  diately  convey  him  before  the  nearest  justice  of  the  peace,  who  shall 

either  commit  the  slave  to  the  parish  prison  or  send  him  to  the  owner, 

employer,  or  overseer,  if  known,  who  shall  pay  the  person  taking  him 

up,  the  rates  hereafter  specified,  to  wit : 

Fees.  For  taking  up  a  slave  in  the  woods,  six  dollars. 

For  taking  up  on  the  road  or  plantation,  three  dollars. 

For  mileage  in  all  cases,  going  and  returning,  ten  cents  per  mile. 

For  magistrates'  commiting,  one  dollar. 

For  jailor  receiving  and  placing  in  confinement,  one  dollar. 

For  feeding  slave  wKile  confined,  twenty-five  cents  per  day. 

For  magistrate,  for  receiving  proof  of  ownership,  one  dollar. 

For  delivery  by  jailor  to  owner,  fifty  cents. 

These  fees  and  no  others  shall  be  charged. 
Duty  of  jailor,  Sec.  78.  That  the  jailor  shall  have  every  slave  by  him  placed  in 
confinement  as  a  runaway,  advertised  in  the  nearest  newspaper  three 
times,  making  the  advertisement  as  brief  as  possible  so  as  to  give  a 
full  description  of  the  slave  confined,  with  his  name,  the  name  of  the 
owner  and  place  of  residence,  if  known,  or  as  given  by  the  slave ;  and 
on  the  owner's  payment  of  the  same  the  jailor  shall  produce  the  prin- 
ter's receipt  for  the  payment  of  the  advertisement,  or  the  paper  with 
the  advertisement  therein  contained. 

Expenses  incur-  Sec.  79.  That  all  expenses  incurred  by  the  jailor,  except  feeding  the 
red  by  jailor.  giave,  shall  be  made  item  by  item ;  the  bill  of  items  shall  be  sworn  to  by 
the  jailor,  and  the  said  oath  shall  be  in  writing,  signed  and  attached  to 
the  bill  so  rendered  ;  provided,  that  if  the  slave  be  put  to  work  on  the 
public  works  or  otherwise,  the  owner  shall  not  pay  anything  for  his 
feeding. 


SLAVES  AND  FREE  PERSONS  OF  COLOR.  271 

Sec,  80.     That  the   parish  jail  of  East  Baton  Rouge,  shall  be  the  Depot  for  the  re- 
depot  for  the  reception  of  such  runaway  slaves  as  may  have  been  con-  ^ay8°° 
fined  and  advertised  for  sixty  days  in  any   of  the  jails  of  this  State, 
without  having  been  claimed  by  their  masters. 

Sec,  81,    That  whenever  a  runaway  slave  shall  not  have  been  claimed  Slaves  when  sent 
by  his  Blaster  or  by  his  attorney,  within  sixty  days,  the  said  slave  shall    ^     e    epo  . 
be  sent  by  the  sheriff  of  the  parish  in  which  he  may  be  detained,  to  the 
keeper  of 'the    aforesaid  depot.     And  the  sheriff  shall  receive   for  his  Fees  of  sheriffs, 
mileage,  going  to  and  returning  from  said  depot,  six  cents  and  a  quarter 
per  mile  ;  a  fee-bill  of  which  expenses  shall  be  deposited  in  the  hands  of 
the  keeper  of  the  depot. 

Sec  82.     That  the  bill  of  all  the  expenses  incurred  for  arresting  and  Bill  of  .expenses 
keeping  any  slave  that  shall  be  sent  to  the  depot,,  shall  be  paid  by    the  k^leper^^if  ^depot 
keeper  thereof,  at  the  time  the  slave  shall  be  delivered  to  him,  and  the  and  by  owners  of 
amount  of  the  said  costs,  as  well  as  of  those  which  shall  have  been  made 
at  the  depot,  shall  be  paid  by  the  owner  at  the  time  that  be  takes  away 
said  slave. 

Sec.  83.     That  the  muuicipal  authorities  of  the  city  of  Baton  Rouge  Municipal  au- 
are  authorized  to   employ  runaway  slaves.     They  shall  be  obliged  to  j^J^"  ^^^  employ 
maintain  them  at  their  own  expense   during  the  time  they  may  be  so  runaway  slaves, 
employed. 

Sec.  84.     That  it  shall  be  the  duty  of  the  keeper  of  the  depot  to  Advertisement  to 
advertise  in  the  weekly  issue  of  the  official  gazette,  for  the  space  of  three  gj  S^epot.  ^^^* 
months,  such  runaway  slaves  as  have  been  delivered  to  him  from  any  of 
the  jails  of  this  State,  unless  sooner  removed. 

Sec.  85.    That  in  case  the  owner  of  any  slave  confined  as  a  runaway  Runaways  to  be 
shall  permit  him  to  remain  in  confinement  for  twelve  months,  the  keeper  gonlTaving^  ^^' 
of  the  depot  shall  deliver  the  runaway  to  the  person  authorized  by  law  ?^*^,se  of   State 
to  take  charge  of  the  State  hands,  requiring  and  receiving  at  the  same 
time  of  such  deKvery  his  receipt  for  the   same,   which  shall  contain  a 
minute  description  of  said  slave,  a   duplicate  receipt  of  which    shall 
be  handed  to  the  auditor  of  public  accounts  by  the   keeper,   to  be  depo- 
sited by  him  among  the  records  of  his  office.     The  fees  due  the  keeper,  Expenses  and 
or  that  may  have  been  paid  to  him,  shall  be  paid  by  the  treasurer  of  the  ^^^®  ^°^  ^^^^' 
State  upon  the  warrant  of  the  auditor  of  public  accounts  ;  said  account 
of  fees  and  charges  having  first  been  sworn  to  by  the  keeper. 

Sec.  86.     That  said  slave  shall  be,   immediately  after  his  reception  slaves  to  be 
by  said  person  in  charge  of  said  internal    improvement  works,   placed  ^^J^ks  °°  ^^^^^^ 
upon  said  works  and  cared  for  as   other  hands  that  may  be  engaged  on 
the  same. 

Sec.  87.     That  whenever  the  owner  shall  appear  and  claim  said  slave  Manner  in  which 
from  the  general  depot,  or  person  in  charge  of  said  slave  engaged  upon  S  anytime  cS 
said  internal  improvement  service,  he  shall  be  allowed  to   take  the  same  *°^  receive   his 
in  his  possession  upon  the   exhibition  of  a  lawful  authenticated  title  to 
the  same,    or  due  proof  made   to   the  satisfaction  of  the  jailor  of  said 
depot  or  the  auditor  of  public  accounts,  by  two  or  more  citizens  of  the 
neighborhood  or  parish  in   which  said  claimant  may  reside,  and  upon 
paying  to  said  jailor  of  said  depot  or  State  treasurer  all  expenses  that 
may  have  accrued  upon  said  slave,  as  aforesaid. 


272  SLAVES  AND  FREE  PERSONS  OF  COLOR. 

Certificate  to  be      Sec.     88.     That  free  coloted  persons  who  carry  any  arms  shall  be 

carried,    bv    free  »/  v 

colored  persons  required  to  carry  with  them  a  certificate  of  a  justice  of  the  peace 
carrj'ing  arms,     attesting  their  freedom,  for  want  of  which  the  arms  shall  be  subject  to 

seizure  as  in  case  of  slaves. 
Penalty  for  Sec.    89.      That  whoever   shall    knowingly  bring,    or  cause  to   be 

liberi  hfto  the       brought,   into  this  State,  any  statu  liberi,  shall  on  conviction  'thereof, 
cbasi'ne'^theia"'^"  ^®  punished  by   a  fine  not  exceeding   one  thousand   dollars,    and  by 
imprisonment  not  exceeding  six  months,    or   both,   at   the  discretion  of 
the  court,  and  shall  besides  be  compelled  to  pay  the  expenses  of  convey-  • 
ing  the  slave  back  to  the  place  from  whence  he  was  brought,   or  else- 
where out  of  this  State.     Whoever  shall  knowingly  purchase  any  such, 
(statu  liberi)  sliall  forfeit  the  slave  thus  purchased  ;  the   slave   shall    be 
sold  for  the  time  he  is  to  serve,  and  on  the  condition  of  his  being  trans- 
ported by  the  purchaser  out   of  the  State  upon  his  becoming  free  :  one- 
half  of  the  proceeds  of  the  sale  to  go  to  the  informer. 
Statu  liberi,  be-      Sec.  90.     That  each   statu  liberi,    shall  when  he   becomes  free,    be 
transported   out  transported  out  of  the  State  at  the  expense  of  the  last  owner,  by  pro- 
of the  State.        ceeding  before  the  district  court  at  the  suit  of  any  citizen,   unless  per- 
mitted by  law  to  remain.     When  transported  out  of  the  State,   he    shall, 
on  returning,  be  liable  to  all  the   penalties  provided  by  law  against  free 
persons  of  color  coming  into  the  State. 
Penalty  for  con-      Seo.  91.     That  whoever  shall  knowingly  bring  or  cause  to  be  brought 
State.^as^'a  "slaved  '^^^^  *^^s  State,  any  free  person  of  color  as  a  slave,  shall  upon  conviction 

any  free  person  thereof,  be  fined  one  thousand  dollars,  one-half  to  go  to  the  informer.  He 
of  color.  ° 

shall  also  be  liable  to  such  free  person  of  color  for  damages. 

Free  persons  of  Sec.  92.  That  free  persons  of  color,  legal  residents  of  this  State,  shall 
depart* froni  and  ^^  permitted  to  depart  from  and  return  thereto,  as  their  business  may 
sf^  t™  ^^  *^^  require  ;  provided  they  shall  not  have  established  their  domicil  in  a  free 
Proviso.  State  or  country. 

Free  persons  of      Sec.  93.     That  all  free  persons  of  color  who  are  now  in  this  State  in 
cases  may^be  ^^r^- '^^^^^^^^'^  °^  ^^^y   ^^  ^^^  may  come  into  this  State,    except  in  cases 
^^^''^'i  to  <iepart  expressly  permitted  by  law,  shall  be  arrested   and  proceeded  against  by 
warrant,  before  any  judge,  justice  of  the  peace  or   mayor  in  this  State. 
And  upon  due  proof  of  their  having  come  into   the  State  in   violation  of 
law,  it  shall  be  the  duty  of  said  judge,  justice  of  the  peace  or  mayor,  to 
order  any  snch  free  person  of  color  to  depart  therefrom   within  sixty- 
days. 
Penalty  for  their      Sec.  94.     That  any  free  person  of  color  who,  having  been  oidered   to 
when  Xdered  to  depart  from  this  State,  shall,  after  the  period  assigned  for  his  departure, 
do  so.  \^Q  found  therein,  shall,  upon  conviction  of  having  disobeyed  said   order, 

be  sentenced  to  one  year's  imprisonment  at  hard  labor,  and  to  depart 
from  the  State  in  thirty  days  after  the  expiration  of  his  imprisonment  ; 
and  on  convinction  of  a  failure  so  to  depart,  he  shall  be  sentenced  to 
imprisonment  of  hard  labor  for  five  years. 
Bond  to  be  ^iven  Sec.  95.  That  the  mayor,  recorder  or  justice  of  the  peace  shall 
by  masters  of  require  from  the  master  of  every  vessel,  on  board  of  which  any  free  per- 
son of  color  shall  have  been  brought  into  this  State,*as  is  provided  in  the 
following  section,  a  bond  with  security  in  the  sum  of  five  hundred  dollars 
for  each  person,  payable  to  the  Governor  of  the  State,   and  conditioned 


SLAVES  AND  PREE  PERSONS  OF  COLOR.  273 

that  the  said  free  person  of  color  shall  not  leave  the  vessel  without  a 

legal  permit.  *     * 

Upon  failure  of  the  master  to  give  bond  as  aforesaid,  within  twenty-  Penalty  for  not 
four  hours  after  the  arrival  of  the  vessel,  the  free  person  of  color  em-  ^J°^^  ^" 
ployed  on  his  vessel  shall  be  arrested  and  coofined  in  jail  until  the  vessel 
is  ready  to  depart,  when  the  master  shall,  by  the  written  permit  of  the 
magistrate,  take  and  convey  away  said  free  person  of  color,  upon  pay- 
ing the  expenses  of  his  apprehension  and  confinement. 

Sec.  96.     That  any  free  person  of  color  employed  on  board  of  atoy  Free  persona  of 

vessel  which  may  arrive  in  this  State,  shall  be  permitted  to  remain  on  remaiQ^tTbcard 

board  without  imprisonment,  upon  the  execution  by  the  master  of  the  on  execution  of 

,     „   ,  ,  .,     ,  ,        ,  ,.  .  said  bond, 

vessel  of  the  bond  prescribed  by  the  preceedmg  section. 

Sec.  97.    That  it  shall  be  the  duty  of  the  master  of  every  such  vessel,  Duty  of  masters 
immediately  upon  his  arrival  at  any  port  in  this  State,  to  report  to  the  port  free  ^colored 
mayor,  recorder,  or  competent  authority,  in  writing  under  oath,  the  persons  on  board 
name,  age,  description  and  capacity  of  every  free  person  of  color  em- 
ployed on  board  his  vessel,  and  obtain  a  passport  from  such  authority 
to  permit  such  person  of  color  to  land,  should  it  be  necessary  for  his 
duties  and  employment  as  qook  or  steward,  and  it  being  within  discre- 
tion of  said  mayor,  recorder  or  competent  municipal  officer,  to  grant  or 
refuse  such  passport. 

Sec.  98.     That  in  case  a  free  person  of  color  so  arriving  as  aforesaid.  Penalty   against 

shall  be  found  on  shore  without  such  passport,  he  shall  be  imprisoned  gon^g  ibr^Sog  on 

until  the  departure  of  said  vessel;  the  cost  of  his  arrest  and  detention  ^^^^^  without 

^  passport, 

shall  be  paid  by  the  master  of  the  vessel. 

Sec.   99.     That  no  slave  shall  be  admitted  as  a  witness  either  in  civil  In  what  case? 
or  criminal  matters,  for  or  against  a  free  person  of  color,  except  in  case  mttted'"irs  wit- 
such  free  individual  be  charged  with  having  raised  or  attempted  to  raise  «ep<>s  ^?^'°®^ 
an  insurrection  among  the  slaves  of  this  State,  or  adhering  to  them  by  color. 
giving  them  aid  or  comfort  in  any  manner  whatsoever. 

Sec.  100.     That  all  laws  or  parts  of  laws  conflcting  with  the  provis-  Certain  laws  xe- 
ions  of  this  act,  and  all  laws  on  the  same  subject-matter,  except  what  is  ^'^*  ^  ' 
contained  in  the  Civil  Code  or  "Code  of  Practice,  be  repealed. — Acts  of 
1855,  p.  377. 

For  emancipation  of  slaves,  see  Acts  of  1857,  in  appendix  at  the  end 
of  this  book. 

For  trial  of  slaves  for  capital  crimes,  see  Acts  of  1855,  page  37 ;  and 
Acts  of  1855,  page  383. 

DECISIONS   OP   StlPEEME   COURT. 

1. — Slaves  are  treated  as  persons  by  the  criminal  law,  and  are  so 
classed  both  in  Codes  of  1808  and  1825.— 8  R.  R.  521;  4  Ann.  183. 

2. — One  who  arrests  a  runaway  slave  is  not  liable,  in  case  of  his 
escape,  for  not  having  canned  him  immediately  before  a  magistrate  ;  he 
is  entitled  to  a  reasonable  time  to  do  so,  and,  if  he  be  guilty  of  no 
negligence,  will  not  be  chargeable.--7  M.  371. 

3.— As  ^  to  sheriff's  charges  for  keeping  runaway  slaves,  see  3  N.. 
S.  676. 

35 


274 


SLAVE  MARTS  AND  NEGRO  TRADERS. 


4. — One  who  holds  possession  of  a  runaway  slave,  without  right  or 
title,  although  his  motives  be  not  criminal,  is  liable  for  the  payment  of 
all  loss  and  damage  actually  suffered  by  the  owner  in  recovering  pos- 
session.— 3  La.  453. 

5. — The  laws  of  this  State  on  the  subject  of  slaves,  whether  in  the 
Civil  Code,  Code  of  Practice  or  in  the  ordinary  statutes,  being  on  the 
same  subject,  must  be  construed  together,  and  in  such  manner  as  to 
givp  effect  to  all.-— 3  Ann.  339. 


SLAVE  MATITS  AND  NEaRO  TRADERS. 


Premises  to  be 
enclosed, 
cleansed,  etci 


An  Ordinance  relative  to  Negro  Traders  and  Slave  Marts. 
To  be  licensea,  No.  774.  (1.)  It  shall  not  be  lawful  for  any  person  to  keep 
or  occupy  any  establishment  within  tbe  limits  of  the  city,  for 
the  sale  or  barter  of  slaves,  unless  permission  be  expressly  grant- 
ed by  the  common  council;  and  it  shall  be  the  duty  of  the  mayor 
to  order  the  removal,  within  ninety  days,  of  all  slave  depots  from 
any  street  wherein  a  majority  of  the  resident  real  estate  owners 
within  four  blocks  of  such  establishment,  shall,  by  petition,  re- 
quest him  so  to  do.  All  persons  violating  the  provisions  of  this 
section  shall  be  fined  not  less  than  twenty  dollars  for  every  day 
they  shall  be  in  contravention.. 

No.  775.  (2.)  The  premises  must  be  so,  enclosed  as  to  pre- 
vent slaves  from  being  seen  from  the  street ;  they  must  be  kept 
properly  ventilated,  cleaned,  and  in  good  order,  under  a  penalty 
of  a  fine  of  not  less  than  twenty -five  dollars  for  every  offense, 
and  five  dollars  a  day  for  every  day  the  offense  shall  be  continued 
after  notice  from  the  mayor. 

No.  776.  (3.)  In  case  of  the  existence  of  small-pox,  measles, 
or  any  infectious  or  contagious  disease  in  any  slave  mart,  it  shall 
be  the  duty  of  the  keeper  to  have  the  sick  person  or  persons  re- 
moved to  some  hospital,  or  other  proper  place,  at  the  risk  and 
expense  of  the  owner  or  owners ;  and  every  person  violating  this 
section  shall  be  fined  not  less  than  fifty  dollars  for  every  offense. 

No.  777.     (4.)  All  negro  traders  permitting  their  slaves  to 
stand  on,  or  walk  along  the  sidewalks  or  streets  in  front  of  their 
,     marts,  shall  be  fined  not  less  than  twenty-five  dollars  for  every 
offense. 
Repealing ciauBe.      No.  778.     (5.)  All  ordinances   and  parts  of  ordinances  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3148.    Approved  Dec.  ITth,  1866.  . 

For  City  Tax,  see  No.  650. 


Contagious 
diseases,  etc. 


Slaves  on  side- 
waJkfi. 


STABLES  AND  DAIRIES.  275 

SMOKE  HOUSES. 

An  Ordinance  relative  to  Smoke  Houses. 

No.  779.     It  shall  not  be  lawful  for  any  person,  without  the  Notiawfui  with- 

•^  ^  '  out    pormisaion, 

permission  of  the  common  council,  to  build   or  keep  any  smoke-  etc. 

house  within  the  limits  of  the  city  of  New  Orleans.  Every  per- 
son acting  in  contravention  of  this  ordinance,  shall  be  fined  not 
less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars, 
and  shall  pay  a  further  fine  o^  five  dollars  a  day  until  the  same 
be  removed. 

City  Ordinance,  No.  3149.   Approved  Dec.  17th,  1856. 


STABLES  AND  DAIRIES. 

An  Ordinance  relative  to  Stables  and  Dairies. 

No.  780.  (1.)  It  shall  not  be  lawful  to  erect  within  the  fol-  Erection  of  dai- 
lowing  limits :  east  of  Apollo,  between  the  upper  line  of  the  city 
and  Felicity ;  •  east  of  Benton,  between  Felicity  street  and  New 
Canal ;  east  of  Galvez  street,  between  the  New  Canal  and  Canal 
Carondelet;  east  of  Broad  street  between  Canal  Carondelet  and 
Esplanade  streets;  east  of  Goodchildren  street,  between  Esplanade 
and  Independence;  above  Independence,  from  Goodchildren  to 
the  river,  any  livery  stable,  or  to  erect  or  keep  any  stable  or  shed, 
for  the  purpose  of  keeping  more  than  two  cows,  without  first 
obtaining  leave  of  the  common  council.  Any  person  violating 
these  provisions  shall  be  fined  not  less  than  ten,  nor  more  than 
twenty-five  dollars,  and  five  dollars  a  day  for  every  day  he  shall 
use  the  said  stables  after  notice  from  the  street  commissioner. 

No.  781.  (2.)  All  owners  of  stables,  or  stalls,  or  dairies,  or  How  to  be  kept, 
persons  renting  the  same,  within  the  city  or  suburbs,  are  forbid- 
den to  suffer  manure  to  accumulate  in  said  stables,  or  stalls,  or 
dairy,  or  on  the  preniises  of  the  same.  And  all  such  persons  are 
required  to  keep  constantly  in  a  state  of  cleanliness,  the  said 
stables,  or  stalls,  or. dairies,  and  the  whole  extent  of  their  premi- 
ses, under  penalty  of  a  fine  of  not  less  than  five,  nor  more  than 
twenty-five  dollars,  against  every  offender  for  every  act  or  neglect 
in  violation  of  this  section. 

No.  782.     (3.)  It  is  the   duty  of  the  street   commissioner.  Duty  of  street 
whenever  He  shall  deem  it  necessary,  to  notify  all    keepers  of  '^°^^^^°°®'- 


276  STREET  COMMISSIONER, 

Stables  to  remove  all  manure  or  offal  from  the  said  premises,  and 
every  person  failing  to  comply  shall  be  fined  from  ten  to  twenty- 
five  dollars,  and  three  dollars  a  day  for  every  day  he  shall  neg- 
lect to  remove  the  manure  or  offal,  after  notice  as  aforesaid. 
Combustible  No.  783.     (4:.)  No   owncr  or  occupant  of  any  livery  or  other 

matter,  lights,  ,  ,  ,..,.,         .  ,       ,  ,  .  , 

etc.  stable  or  dairy,  withm  the  city  or  suburbs,  no  cart  driver,  horse 

driver,  nor  any  other  person,  shall  use  therein,  nor  in  any  place 
containing  hay,  straw,  or  any  other  combustible  matter,  any 
lighted  candle,  nor  other  light,  except  the  same  be  securely  kept 
within  a  glass,  horn. or  tin  lantern,  under  a  penalty  of  ten  dollai's 
for  each  offense. 

BrectadfiT*  feet      No.  784.     (5.)  No  Stable  shall  be  erected  within  five  feet  of 

from    nidcwAlkfj 

'  the  side  walk  of  any  public  street  or  road,  unless  the  line  of  the 
stable  along  the  street  be  a  brick  wall  without  openings  thoreon, 
under  a  penalty  of  twenty-five  dollars. 
Repealing  clause.      No.  785.     (6.)  All  ordinances  or   parts  of  ordinances,  con- 
flicting with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

City  Ordinance  No.  3175.    Approved,  Dec.  26tli,  1856. 
For  City  Tax,  see  No.  666  and  692. 
Use  of  Hay,  etc.,  see  No.  261. 


STREET  COMMISSIONER. 


bonds,  etc. 


An  OrdinaEce  organizing  the  Street  Commissioner's  Department  of  the 
city  of  New  Orleans, 

His  officers.  No.  786.     (1.)     The  street  commissioner's  department  shall 

consist  of  the  street  commissioner,  elected  by  the  people,  of  one 
deputy,  of  one  clerk  and  of  ten  assistants,  to  be  appointed  by 
him,  by  and  with  the  advice  and  consent  of  the  common  council. 

His  office,  books,  No.  787.  (2.)  The  Street  commissioner  shall  keep  his  office 
in  the  city  hall,  and  a  branch  office  in  each  district  except  the 
first  district,  wherein  all  reports,  books  and  other  documents  ap- 
pertaining to  the  same,  shall  be  deposited  and  carefully  kept. 
They  shall  be  considered  the  property  of  the  city,  and  shall  be 
at  all  times  accessible  to  the  mayor  and  members  of  the  common 
council.  The  said  street  commissioner  shall  take  the  oath  re- 
quired by  the  city  charter,  and  he  shall  give  bond,  with  one  or 
more  securities,  (to  the  satisfaction  of  the  common  council,)  in 
the  sum  of  $10,000,  conditioned  for  the  faithful  performance  of 


STREET  COMMISSIONER.  277 

Ms  duties,  and  to  secure  the  city  against  all  claims,  losses  or  injury 
that  may  arise  from  his  neglect,  inability,  or  the  unfaithful  dis- 
charge of  his  duties. 

No.  788.  (3.)  It  shall  be  the  duty  of  the  street  commission-  His  duties, 
er  to  superintend  the  cleaning  of  all  the  streets,  the  repairing  of 
all  the  paved  and  unpaVed  streets,  the  cleaning  of  the  markets, 
the  repairing  of  the  wharves  and  levees,  the  repairing  and  attend- 
ing of  the  bridges,  shell  roads  and  plank  roads;  the  construction 
of  all  new  pavements,  shell,  plank  or  other  roads  or  highways 
ordered  by  the  common  council ;  the  clearing  of  the  side-walks ; 
the  enclosing  of  public  places;  the  lighting  of  the  streets,  mar- 
kets and  public  squares,  and  to  see  that  all  contracts  given  for 
the  same  be  faithfully  executed ;  to  superintend  the  planting  of 
trees  on  the  public  squares  and  promenades,  and  enforce  the  or- 
dinances relative  to  the  same;  to  enforce  all  ordinances  relative 
to  signs,  wooden  buildings,  chimneys,  stove  pipes,  bakeries, 
forges,  stray  animals,  pounds,  privies,  vaults,  sinks,  incumbrances 
of  streets,  roads  and  side- walks,  etc.,  etc.;  to  report  and  abate 
all  nuisances  which  may  affect  the  health  or  convenience  of  citi- 
zens ;  to  see  jointly  with  the  surveyor  that  the  ordinances  rela- 
tive to  houses,  buildings,  walls,  or  any  other  object,  which,  from 
their  ruinous  condition,  or  any  other  cause,  might,  by  falling 
down,  interfere  with  the  safety  of  the  public  way,  or  occasion 
accidents,  be  enforced  ;  to  make  monthly  reports  to  the  common 
council  of  the  condition  of  the  streets,  roads,  side-walks,  levees 
and  other  public  places,  and  suggest  the  repairs  to  be  made  to 
the  same ;  and  generally  to  perform  such  other  duties  as  the 
common  council  may  direct;  to  superintend  the  removal  of  indi- 
gent sick  persons  to  the  hospital,  and  the  burial  of  indigent  de- 
ceased persons. 

No.  789.     (4.)  The  duties  of  the   deputy  shall  be  the  same  Duty  of  deputy, 
as  those  of  the  street  commissioner,  under  whose  immediate  con- 
trol he  shall  be,  and  in  case  of  absence,  inability,  or  sickness  of 
the  street  commissioner,  he  shall  act  as  street  commissioner. 

No.  790.    .(5.^  The  assistants  and  clerk  shall   bounder  the  Assistant  and 

.     .  clerk 

immediate  control  of  the  street  commissioner,  and  shall  perform 
such  duties  as  may  be  prescribed  to  them  by  him. 

No.  791.     (6.)  The  salary  of  the  deputy  street  commissioner  saiVryand  bond 
be  and  is  hereby  fixed  at  $1500  per  annum.     Said  deputy  shall  °^^®P^*y* 
take  the  oath  required  by  the  city  charter,  and  furnish  bond  and 
security  in  the  sum  of  $500 — to  the  satisfaction  of  the  common 
council — to  guarantee  the  faithful  performance  of  his  duties. 


^900 

pel 

•  annum. 

900 
1000 

do 
do 

900 

do 

800 

do 

800 

do 

800 
1000 

do 
do 

1200 

do 

278  STREET  COMMISSIONER. 

Salary  of  assiat-      No.  792.     (7.)  The  compensation  to  the  assistants  be,  and 
is  hereby  fixed  as  follows,  to-wit : 

That  of  the  assistant  of  the  1st  ward   a 
do  do  2d     do 

do  do  3rd   do 

do  do  4th   do  ' 

do  do  5th   do 

do  do  6th  do 

do  do  7th    do 

do  do  8th  &  9th 

do  do  10th  &  11th 

The  assistant  deputies  of  the  8th  and  9th  wards  and  of  the 
10th  and  11th  wards  shall  each  keep  a  horse  for  his  use  and  at 
his  own  expense. 

And  said  assistants  shall  each  take  the  oath  required  by  the 

city  charter,  and  shall  each  furnish  a  bond,  with  security  to  the 

satisfaction  of  the  common  council,   in  the  sum  of  $2000,  to 

guarantee  the  faithful  performance  of  their  duties. 

Salary  of  clerk.      No.  793.     (8.)  That  the  salary  of  the  clerk  be,  and  is  hereby 

fixed  at  $1200  per  annum. 
Office  hours.  No.  794.     (9.)  That  the  street  commissioner's  office  shall  be 

kept  open  to  the  public  every  day,  (Sundays  and  holidays  except- 
ed,) from  sunrise  to  sunset. 
RepeaUng clause.      No.  795.     (10.)  That  all  ordinances,  or  parts  of  ordinances, 
contrary  to   the   provisions   of  this  ordinance  be,  and   they  are 
hereby  repealed. 

(11.)  That  this  ordinance   shall  go  into  effect  and  be  in  full 
force  from  and  after  the  first  of  August  next. 

City  Ordinance,  No.  3054.    Approved,  Nov.  1st,  1856. 

Amended  to  read  "  1st  November,  1856,"  by  Ordinance  No,  3069. 

Superintendent  No.  796.  (1.)  Resolved,  That  the  street  commissioner  be, 
and  he  is  hereby  authorized  to  appoint,  by  and  with  the  appro- 
val of  the  committees  of  streets  and  landings,  an  experienced  and 
competent  person  to  superintend  the  repairs  of  old,  and  the 
making  of  new  bridges  for  the  whole  city,  said  person  to  be  un- 
der the  direction  and  control  of  the  street  commissioner. 

BoEdand  securi  No.  797.  (2.)  That  the  superintendent  of  repairs  of  bridges 
shall  give  bond  and  security  in  the  sum  of  two  tliousand  dollars, 
for  the  faithful  performance  of  his  duty,  and  that  the  said  super- 
intendent shall  be  liable,  with  his  securities,  for  all  loss  or  dam- 
ages that  may  occur  through  his  neglect. 


ty 


STREET  COMMISSIONER.  279 

No.  798.     (3.)  That  the  salary  of  said  officer  be  fixed  at  S125  Salary,  etc. 
per  month,  with  the  reserved  right   of  the   common  council  to 
declare  the  office  abolished  at  any  time. 

City  Ordinance,  No.  3139.    Approved,  Dec.  13, 1856. 

No.  799.     Resolved  J     That   the  following   named  officei   be  Abolishing  cer- 
abolished,  any  ordinance  or  resolution   to  the  contrary  notwith- 
standing, if  any  such  there  be,  and  the  name  of  the  officers  fill- 
ing the  same  oe  stricken  oflF  the  pay  rolls  from  and  after  the  end 
of  March,  1857,  viz: 

Syndic  of  the  second  district,  or  bayou  St.  John ;  syndic  of 
the  third  district;  two  superintendents  of  paving  attached  to  the 
street  commissioner's  department. 

City  Ordinance,  No.  3278.    Approved,  March  12th,  1857. 

No.  800.     (1.)  That  the  surveyor  and  street   commissioner  to  purchase  re- 
be,  and  they  are  hereby  authorized  to  purchase  such  materials  as  ^i'^*"^®"^*^"  ^' 
may  be  required  by  them  in  order  to  carry  on  the  public  improve- 
ments in  their  respective  departments  not  under  contract. 

No.  801.     (2.)  That  said  officers  shall  make  a  monthly  state-  Monthly  state. 
ment  to  the  council  of  all  materials  purchased  by  them,  designa-  ™*° ' 
ting  the  purposes  for  which  said  materials  were  bought. 

City  Ordinance,  No.  1531. 

No.  802.     That  the  street  commissioner  hereafter  issue  no  Certificate  to 
certificates  to  contractors  for  repairing  and  cleaning  the  streets  of  <^'^*'^*^**^'^^- 
the  city  until  the  same  be  submitted  for  the  approval  of  the 
chairmen  of  the  committees  of  streets  and  landings. 

City  Ordinance,  No.  2683. 

No.  803.     From  and  after  the  passage  of  this  resolution,  the  Laborers'  pay, 
pay  of  all  laborers  employed  on  the  public  works  in  charge  of 
the  surveyor  or  street  commissioner,  shall  be  at  the  rate  of 
thirty-five  dollars  per  month  for  each  laborer. 

City  Ordinance,  No.  724. 

No.  804.  That  the  surveyor  and  street  commissioner  be,  and  To  keep  a  record 
they  are  hereby,  required  to  keep  a  book  of  record  in  their  de- 
partments in  which  shall  be  daily  recorded  by  their  superintend- 
ents or  overseers,  the  number  of  laborers,  carts,  etc.,  employed 
in  their  departments,  designating  separately,  the  several  kinds  of 
work  on  which  they  may  be  engaged.  , 

City  Ordinance,  No.  1387. 

No.  805.     That  the  resolution  numbered  136,  approved  July  To  make  semi- 
3,  1852,  requiring  the  surveyor  to  report  to  the  council  twice  ^^^    ^  "^°' ' 


280 


STREET  COMMISSIONER. 


Monthly  pay- 
rolls to  be  re- 
turned. 


Violations  of 
contract. 


in  each  montli,  the  number  and  description  of  mechanics,  labo- 
rers, horses  and  carts,  superintendents  and  overseers  employed 
in  his  department,  the  compensation  paid  per  day,  or  month,  the 
work  or  works  on  which  employed,  and  also  requiring  him  to 
furnish  information  to  this  council  which  will  enable  it  to  un- 
derstand fully  the  duties  and  requirements  of  all  men  thus 
employed,  and  judge  of  the  propriety  and  necessity  of  their 
employment  be  amended  so  as  to  require  the  stree#  commissioner 
to  make  similar  reports. 

City  Ordinance,  No.  360. 

No.  806.  That  the  wharfingers  of  the  several  districts,  and 
the  street  commissioner  be,  and  they  are  hereby  directed  and 
instructed  to  return  monthly  pay-rolls  of  the  persons  employed 
by  them,  and  now  on  the  pay-rolls  of  the  surveyor's  department. 

City  Ordinance,  No.  905. 

No.  807.  That  the  street  commissioner  be,  and  he  is  hereby 
required  to  impose  the  fines — as  provided  in  the  specifications 
for  the  contracts  for  cleaning  the  paved  and  unpaved  streets  of 
the  city  on  all  contractors  for  cleaning  the  streets — as  often  as 
said  contracts  are  neglected;  and  whenever  any  contractors 
shall  have  been  fined  three  times  during  any  one  month,  to 
report  the  fact  to  the  council,  in  order  that  the  contractor  may 
be  put  in  default. 

City  Ordinance,  No.  1048. 

For  Lis  duty  relative  to  Awnings,  etc.,  see  page  11. 

"  "  Board  of  Ilealth,  see  No.  364. 

"  "  Builders  and  Buildings,  s*je  page  26  and  27. 

«»  «  Burials  and  Cemeteries,  see  Nos.  132,  138, 139, 

"  "  Census  for  Taxes,  see  No.  730. 

"  "  Chimneys,  see  No.  152. 

"  "  Fire,  its  prevention,  see  page  92. 

"  "  Fire  Limits,  see  page  30. 

"  «  Fences,  see  No.  260.                                                          ' 

"  "  Ferries,  see  No.  262. 

*'  "  Offenses  and  Nuisances,  see  page  172. 

"  *  "  Pounds,  see  page  207.                        ' 

"  "  Stables  and  Dairies,  see  No.  782. 

"  "  Stoves,  see  No.  152. 

"  "  Streets,  etc.,  etc.,  see  page  281. 

"  "  Water  Works,  see  No.  946. 

And  see  "Vehicles."" 


ACTS  OF  THE  LEGISLATURE. 


Duties  of  street      Sec.  34.     That  the  street  commissioner  shall  superintend   the    light- 
commissioner,      jjjg^  cleaning  and  repairing  the  streets,  wharves,  and  enclosing  public 
places,  and  see  that  all  contracts  given  for  the  same  be  faithfully  execu- 
ted.   He  shall  make  monthly  reports  to  the  council  of  the  condition  of 


STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC.  281 

the  streets,  sidewalks,  levees  and  other  public  places,  suggest  the  re- 
pairs to  be  made  to  them,  j^nd  denounce  all  nuisances  which  may  affect . 
the  health  or  convenience  of  citizens ;  and  generally,  he  shall  perform 
all  such  other  duties  as  the  common  council  may  direct.  He  shall  re-  Salary  of  street 
ceive  a  salary  of  $3,000  per  year.— Acts  of  1856,  p.  146. 

See  also  Acts  of  1856,  p.  137,  sects.  6,  8,  placed  under  "  Officers," 
page  188. 

See  Acts  1856,  p.  143,  sec.  30,  placed  under  "  Comptroller,"  p.  188. 

See  Acts  1856,  p.  166,  sec.  125,  placed  under  ''Officers,"  p.  188. 


commissioner. 


STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES 
AND  PUBLIC  PLACES. 

Whereas,  Different  names  have  been  given  to  continuous  parts 
of  the  same  streets  in  the  city  of  New  Orleans,  thereby  occasion- 
ing frequent  embarrassment  to  wayfarers  in  said  city;  and 
whereas,  it  is  advisable  to  simplify  the  map  of  said  city,  to  ren- 
der the  directions  to  its  different  parts  more  clear,  therefore. 

No.  808.  Be  it  ordained,  That  from  and  after  the  passage  of  Names  of  streets, 
this  ordinance,  the  streets  of  the  first  and  fourth  districts  parallel 
to  the  river,  shall  have  the  same  names,  starting  from  Canal  street  , 
and  extending  to  the  upper  limits  of  the  city,  and  the  streets  in 
the  second  and  third  districts  shall  have  the  same  names,  starting 
from  Canal  street  and  extending  to  the  loWer  limits  of  the  city, 
in  the  following  manner,  to  wit : 

IN    THE   FIRST   AND    FOURTH   DISTRICTS. 

No.  809.     New  Levee  and  Levee  streets  shall  be  known  as  change  of  names 

XT         T  J.        i  of  certain  streets 

New  Levee  street.  .  in  fipt  &  fourth 

Religious  and  Bellechassee  streets  shall  be  known  as  Religious 
street. 

St.  Thomas,   St.   John  the  Baptist,   Bellegarde,  and  Fulton  , 

streets,  shall  be  known  as  St.  Thomas  street. 

Pacanier,  Soubie  and  Chippewa  streets  shall  be  known  as 
Chippewa  street. 

Annunciation,  Elizabeth  and  Jersey  streets,  shall  be  known  as 
Annunciation  street. 

St.  Michael  and  Laurel  streets,  shall  be  known  as  Laurel 
street. 

Constance,  St.  Azelie,  Live  Oak  and  Foucher  streets,  shall  be 
knswn  as  Constance  street. 
36 


282  STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC. 

Camp,  Colliseum  and  Liberal  streets,  shall  be  known  as  Camp 
street. 

Tainturier  and  Chesnut  streets,  shall  be  known  as  Chesnut 
)  street. 

Colliseum,  Ursule  and  Plaquemine  streets,  shall  be  known,  a.s 
Colliseum  street. 

St.  Charles  and  Nayades  streets  shall  be  known  as  St.  Charles 
street. 

Carondelet  and  Apollo  streets  shall  be  known  as  Carondelet 
street. 

Baron  ne  and  Bacchus  shall  be  known  as  Baronne. 

That  Phillippa  and  Dryades  streets  shall  be  known  as  Dryades 
street. 

That  Circus,  Hurcules  and  Rampart  streets,  shall  be  known  as 
Rampart  street. 

St.  John,  White  and  Basin  streets,  shall  be  known  as  Basin 
street. 

Franklin,  St.  Peter  and  Benton   streets   shall   be   known   as 
Franklin    street. 

Treme,  St.  Paul  and  Liberty  streets,  shall  be  known  as  Liberty 
l^treet. 

G-irond,  Cedar  and  Howard  streets,  shall  be  known  as  Howard 
street. 

Freret,  Pine  and  Jacob  streets,  shall  be  known  as  Freret  street. 

St.  Mary,  Locust  and  Solis  streets,  shall  be  known  as  Locust 
street. 

St.  Marc,  Magnolia  and  Mau*isel  streets,  shall  be  known  as 
Magnolia  street. 

St.  Magdeline,  Vine  and  Clara  streets,  shall  be  known  as  Clara 
street. 

St.  Adeline,  Willow  and  Martin  streets,  shall  be  known  as  Wil- 
low street. 

White  and  Sixth  streets  shall  be  known  as  White  street. 

Dupre  and  Fifth  streets  shall  be  known  as  Dupre  street. 

Gayoso  and  Fourth  streets  shall  be  named  Gayoso  street. 

Salcedo  and  Van  Buren  streets  shall  be  known   as  Salcedo 
street. 

Lopez  and  Third  streets  shall  be  known  as  Lopez  street. 
\J  Rendon  and  Second  streets  shall  be  known  as  Rendon  street. 

Hagan  avenue  and  St.  John  avenue  shall  be  known  as  Hagan 
avenue. 

Clark  and  Violet  streets  shall  be  known  as  Clark  street.    • 


STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC.  283 

G-enois  aj^d  Lemon  streets  shall  be  knowu  as  Genois  street. 
Telemachus  and  Mulberry  shall  be  known  as  Mulberry  street. 
St.  John  and  St.  Peter  shall  be  known  as  Scott  street. 
St.  James  and  Marley  as  Pierce  street. 

^  V-      ,    IN   THE   SECOND   AND  THIRD   DISTRICTS. 


No.  810.     Public  Road  and  Levee  street  shall  be  known  as  change  of  names 

of  certain  street 
in  second  and 
third  districts. 


T.  r         T  J        ,  ^^  certain  streets 

JNeW  Levee  street.  in  second  and 


Old  Levee  street  and  Victory  streets  shall  be  known  as  Levee 
street. 

Chartres,  Conde  and  Moreau  streets  shall  be  known  as  Chartres 
street. 

Royal  and  Casaealvo  streets  shall  be  known  as  Royal  street. 

Bourbon  and  Bagatelle  streets  shall  be  known  as  Bourbon 
street. 

Dauphin  and  Greatmeu  streets  shall  be  known  as  Dauphin 
street. 

Burgundy  and  Craps  streets  shall  be  known  as  Burgundy  street. 

Rampart  and  Love  streets  shall  be  known  as  Rampart  street.   , 

St  Claude  and  Good  Children  streets  shall  be  known  %  St. 
Claude  street. 

Marais,  Plauche  and  Moralles  streets  shall  be  known  as  Marais 
street. 

Villere  and  Girod  shall  be  known  as  Villere  street. 

Robertson  and  St.  John  Baptist  as  Robertson  street. 

Claiborne  and  St.  Avid  as  Claiborne  street. 

Derbigny  and  Prosper  as  Der^gny  street. 

Johnson  and  Liberal  streets  shall  be  known  as  Johnson  street. 

Dorgenois  and  Magistrate  shall  be  known  as  Dolhonde  street. 

Sixth  and  White  streets  as  White  street. 

Dupre  and  Fifth  street  as  Dupre  street. 

G^ayoso  and  Fourth  streets  as  Gayoso  street. 

Salcedo  and  Van  Buren  as  Salcedo  street. 

Lopez  and  Third  streets  as  Lopez  street. 

Rendon  and  Second  streets  as  Rendon  street. 

Hagan  avenue  and  First  street  as  Hagan  avenue. 

And  be  it  further  ordained^  That  the  following  streets,  per- 
pendicular to  the  river,  shall  be  known  as  follows,  to  wit : 

IN   THE  riRST  DISTRICT. 

No.  811.     Roffignac,  Josephine,  Basin,  Prytania  Walk   and  change  of  names 
Terpsichore  streets  shall  be  known  as  Terpsichore  street.  dicufar  to^  ^KS. 


284  STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC. 

Edward  and  Melpomene  streets  as  Melpomene  street. 
Benjamin,  Estelle  and  Thalia  as  Thalia  street. 
Suzette,  Mellicerte  and  Erato  streets  as  Erato  street. 
Graiennie  and  Bartholomew  streets  as  Graiennie  street. 
Louisa,  Duplantier  and  Calliope  as  Calliope  street. 
Delord  and  Fulton  Walk  as  Delord  street. 
Girod  street  shall  be  known  as  Broom  street.     (Rechanged  to 
Girod  street,  by  city  ordinance  1682.) 

Julia  street  and  Florida  Landing  as  Julia  street. 
Lafayette  and  Hevia  as  Lafayette  street. 
Jackson  street  shall  be  known  as  Gasquet  street. 

IN   THE   THIRD   DISTRICT. 

History  and  Kerlerec  streets  as  Kerlerec  street. 
Mysterious  and  Columbus  streets  as  Columbus  street. 
Bagatelle  street  shall  be  known  as  Bourbon  street. 
Washington  avenue  and  Poet  street  shall  be  known  as  Wash- 
ington street. 
•      Enadiein  street  to  be  known  as  Lafayette  avenue. 

City  Ordinance  No.  395.    Approved  20th  Nov.,  1852. 

No.  812.  From  and  after  the  passage  of  this  resolution,  the 
St.  Andrew  street  running  parallel  with  Claiborne  street,  in  the 
fourth  district,  be  known  as  Benton  street. 

City  Ordinance,  No.  955. 

No.  813.  That  the  name  of  Touro  avenue  be,  and  is  hereby 
changed  to  the  original  name  of  Canal  street. 

City  Ordinance,  No.  2124. 

That  the  street  formerly  denominated  and  known  as  New 
Levee,  be  changed,  and  from  the  passage  of  this  resolution  be 
called  and  bear  the  name  of  Peter's  street;  and  that  likewise  shall 
be  changed  the  street  called  Old  Levee  street,  instituting  in  its 
stead  Decatur  street. 

City  Ordinance,  No.  2314. 

Sidewalks.  No.  814.     That  whenever  the  property  owners  at  the  corners 

of  streets,  relay  their  sidewalks,  they  shall  have  the  privilege  of 
relaying  the  intersections,  for  which  the  city  is  obliged  to  pay, 
and  be  reimbursed  by  the  city  for  said  portion,  at  the  price  fixed 
by  the  surveyor. 

City  Ordinance,  No.  145. 


8TREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC.  285 

No.  815.     (1.)  Be  it  ordained.Thsii  in  all  cases  where  any  of  Repairs  to 

.  streets,    etc.    by 

the  pavements,  sidewalks,  gutters,  curb-stones,  bridges,  or  the  gas  and  other 
wings  thereof,  on  any  of  the  streets,  alleys,  lanes,  public  squares 
or  other  public  places,  shall  be  out  of  repair,  by  cause  of  any  of 
the  works  executed  by  the  New  Orleans  Gas  Light  Company,  or 
the  Commercial  Water  Works  Company,  or  any  other  chartered 
company  within  the  limits  of  the  city,  it  shall  be  the  duty  of  the 
company  whose  works  have  caused  repairs  to  be  necessary,  to 
have  the  same  executed  within  such  reasonable  delay  as  the  case 
may  require,  and  which  delay  may  be  specified  in  a  written 
notice  and  served  on  them  by  the  street  commissioner  or  his 
deputies,  and  in  case  of  failure  to  comply  with  said  written  notice, 
any  such  chartered  corporation  or  company  shall  be  liable  to  a 
fine  or  penalty  of  ten  dollars  per  day  in  each  case  whilst  in  de- 
fault, recoverable  before  any  court  of  competent  jurisdiction  for 
the  benefit  of  the  city. 

See  «  Water  Works,"  No.  945. 

No.  816.     (2.)  That  in  making   repairs   of  pavements,    all  Repairs  to 
chartered  companies  or  corporations  shall  be  governed  as  to  the  gas  and  other 
kind  and  quality  of  the  materials  to  be  used,  and  the  manner  of  ^°™P"°*^^- 
performing  the  work,  by  the  same  rules  and  regulations  as  may     , 
at  the  time  be  prescribed  in  the  specifications  governing  the  con- 
tracts  for  repairing  the  paved  streets ;  or  if  said  paved  streets' 
repairs  shall  be  executed  without  contract,  then  said  companies 
or  corporations  shall,    in  making  their  repairs,  use  such  materi- 
als as  may  at  the  time  be  judged  proper  by  the  street  commissioner, 
under  a  penalty  of  not  less  than  ten,  nor  more  than  one  hundred 
dollars  for  each  and  every  ofi'ense,  recoverable  as  aforesaid. 

City  Ordinance,  No.  2353.    Approved   August  10th,  1855. 

No.  817.  (1.)  From  and  after  the  passage  of  this  ordinance,  it  obstructing 
shall  not  be  lawful  for  any  person  or  persons  to  encumber  or  ob-  streets^etc! 
struct  any  of  the  streets,  public  roads,  public  grounds,  public 
squares  or  promenades,  sidewalks  or  gutters  of  the  city,  by  depos- 
iting in  or  on  the  same  any  box,  bale,  hogshead,  barrel,  or  any 
goods,  wares  or  merchandise,  or  any  article  or  object  whatever, 
except  for  the  necessary  time  for  loading  and  unloading  the  same, 
in  order  that  at  all  times  a  free,  commodious  and  convenient 
passage  may  be  left  to  pedestrians,  and  to  carts,  drays  or  other 
vehicles,  and  to  the  flow  of  waters  in  the  gutters;  and  should  any 
owner  or  owners,  or  any  person  or  persons  having  charge  of  the 
same,  or  any  of  them — after  being  notified  by  the  street  com- 
missioner or  any  of  his  deputies  to  remove  such  obstructions — 


286  STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC. 

fail  to  do  so  immediately,  he  or  they  shall  be  liable  to  pay  a  fine 

of  not  less  than  five  or  more  than  one  hundred  dollars,  recovera- 

•  ble  before  any  court  of  competent  jurisdiction. 

Duty  of  street  I^q,  SIS.  (2. )  And  it  shall  then  be  the  duty  of  the  street  corn- 
commissioner  to  ,.  ,.  ,,.,..  J 
remove  obstruc-  missioncr  or  his  deputies,  under   his  directions,  to  remove  and 

store  the  same  in  some  safe  and  convenient  place  with  some 
responsible  person,  or,  as  the  case  may  require,  remove  the  same 
to  the  public  pound  of  the  district  where  so  found  in  contraven- 
tion ;  and  if  the  same  shall  not  be  claimed  by  the  owner  or  owners 
thereof  within  three  days  thereafter,  then  it  shall  be  the  duty  of, 
and  the  said  street  commissioner  is  hereby  directed  to  advertise 
and  sell  the  same  as  provided  for  in  the  case  of  strays  and  drays 
etc.,  in  this  ordinance ;  provided  always,  that  the  provisions  of 
this  section  shall  not  be  applicable  to  the  case  of  building  or  re- 
pairing any  house  or  other  edifice,  as  regulated  by  existing 
ordinances. 

•  City  Ordinance,  No.  751,  Sect.  0. 

For  Strays  and  Drays  refered  to,  see  "Pounds."  No.  593.  etc. 
See  Builders  and  Buildings,  p.  26  and  27. 

Sidewalks,  etc.,         No.  819.     (1.)  Whenever   any   of  the   sidewalks,    common 

repairs.  alleys  or  foot  passages,  within  the  corporate  limits  of  the  city  shall 

,    need  repairs,  it  shall  be  the  duty  of  the  street  commissioner,  or 

his  deputies,  to  notify  in  writing  the  owners  or  their  agents  of  the 

property  fronting  or  bordering  thereon,   to  cause  said  repairs  to 

be  made  within  ten  days  after  service  of  said  notice. 

street  commit!-         No.  820.     (2.)  After  the  expiration  of  Said  ten  days,  in  case 

sioner  to    repair.       •  i     •  i         n  n  /?     .  .  •      j 

said  Sidewalks,  common  alleys  or  toot  passages,  are  not  repaired 
by  the  owners  or  agents  aforesaid,  it  shall  be  the  duty  of  the 
street  commissioner  to  cause  the  necessary  repairs  to  be  made  at 
the  expense  of  said  owners  of  property  fronting  or  bordering  on 
said  sidewalks,  common  alleys  or  foot  passages. 

Penalty  for  not  No.  821.  (3.)  Any  person  or  persons  refusing  or  neglecting 
to  repair  the  sidewalks,  common  alleys,  or  foot  passages  in  front 
of  his  or  their  property,  or  bordering  thereon,  or  cause  the  same 
to  be  made,  when  required,  after  the  expiration  of  the  ten  days, 
shall  be  liable,  in  addition  to  the  cost  of  making  said  repairs,  to  a 
fine  of  ten  dollars  for  each  day  he  or  they  are  in  contravention,  said 
fine  to  be  recoverable  before  any  court  of  competent  jurisdiction. 

Repealing  clause.  No.  822.  (4.)  This  Ordinance  shall  be  in  force  from  and 
after  its  promulgation,  and  all  ordinances  of  the  late  municipali- 
ties, or  late  city  of  Lafayette  conflicting  therewith,  be,  and  the 
same  are  hereby  repealed. 

City  Ordiuance,  No.  1586.    Approyed  June  23d,  1854. 


STREETS,  SIDEWALKS,  ALLEYS,  SQTTARES,  LEVEES,  ETC.  287 

No.  823.  (1.)  From  and  after  the  passage  of  this  ordinance,  common  alleys, 
it  shall  be  the  duty  of  the  street  commissioner  to  publish  in  the 
official  journal  of  the  city^  a  notification,  in  the  English  and 
French  languages,  addressed  to  all  owners  of  property,  lying  be- 
tween paved  streets,  or  between  a  paved  and  an  unpaved  street, 
situated  within  the  limits  of  the  several  districts  of  the  city 
of  New  Orleans  whose  property  fronts  upon  a  common  alley,  to 
have  said  alley  paved  with  square  granite  blocks,  or  brick  or 
stone  slabs  at  their  own  expense,  within  six  months  after  the  first 
publication  of  said  notification;  and  at  the  expiration  of  said  delay, 
should  said  owners  neglect  or  refuse  to  comply  with*  said  ordi- 
nance, it  shall  be  the  duty  of  said  street  commissioner  to  give 
them  a  special  written  notice,  signed  by  him,  in  his  official  capa- 
city, calling  upon  them  to  comply  with  the  requisites  of  the  present 
ordinance,  within  ten  days  of  said  notification,  or  in  default  of  so 
doing,  after  the  expiration  of  said  last  delay,  should  said  owners  , 

still  neglect  and  refuse  to  comply  with  the  requirements  of  the 
present  ordinance,  said  owners  shall  then  be  liable  to  pay  a  fine  of 
five  dollars  per  day  until  they  shall  cause  said  common  alley  to 
be  paved,  said  fine  to  be  recovered  for  the  benefit  of  the  city,  be- 
fore any  competent  tribunal. 

No.  824.     (2.)  As  soon  as  the  delay  granted  to  the  owners  of  Duty  of  street 
property  mentioned  in  the  first  article  of  the  present  ordinance  andTssLtant 
shall  have  expired,  it  shall  be  the  duty  of  the  street  commissioner  »"^''"^y- 
to  report  to  the  assistant  attorney  of  the  city  the  name  and  resi- 
dence of  each  and  every  delinquent,  and  said  attorney  shall  imme- 
diately institute  suit  against  them  for  the  recovery  of  the  fine 
mentioned  in  the  first  article  of  the  present  ordinance. 

City  Ordinance,  No.  1038.    Approved  IQth  July,  1853. 

No.  825.     That  the  ordinance  No.  1038,   relative  to  common  common  alleys, 
alleys,  be  so  amended  as  to  leave  undisturbed  all  alleys  properly 
paved  and  graded   at  the  time  of  the  promulgation  of  sa'id  ordi- 
nance. 

City  Ordinance,  No.  1163. 

No.  826.     That  ordinance  No.   1038,  approved  July  19th,  common  alleys 
1853,  entitled    '^An  ordinance  relative  to  the  common  alleys  in 
the  city  of  New  Orleans,'^  shall  not  be  construed  as  applying  to 
alley  ways  now  paved  in  round  stone  or  otherwise. 

City  Ordinance,  No.  1600. 

No.  827.     That  merchants,  storekeepers  and  all  other  persons  Watering  streets. 
in  this  city  be,  and  they  are  hereby  authorised  to  have  the  streets 


288      -  STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC. 

in  front  of  their  property  or  stores  watered,  provided  the  same 
be  done  at  their  own  expense. 

City  Ordinance,  No.  2632. 

Whereas,  many  errors  have  occurred  in  establishing  the  street 
lines  of  the  city,   particularly  in  the  first  district,  by  which  the 
citizens  suffer  great  loss  and  inconvenience;  therefore, 
street  lines  and      No.  828.     (1.)  Be  it  resolved,  that  the  surveyor  be,  and  he  is 

stone  bounds.  ,  r      •      i  i    t  i  n  mi 

hereby  authorised  and  directed  to  use  all  possible  exertions  to 
establish,  with  stone  bounds  to  be  placed  at  every  five  squares  in 
all  the  streets  of  the  city,  the  lines  of  said  streets, 
street  lines  and      No.  829i     (2.)  Bc  it  further  resolvcd,  that  said  bounds,  when 

stone  bounds.  i         i      t     n  i  •      i  i         i  -i      n   i         •  o 

placed,  shall  be  recognised  by  the  common  council  oi  the  city  ot 
New  Orleans  as  the  only  true  and  correct  lines  of  the  streets,  and 
that  it  shall  be  the  duty  of  all  surveyors  to  follow  the  same  in 
giving  the  lineations  of  lots. 

City  Ordinance,  No.  799. 

Mode  of  cleaning       No.  830.     It  shall  be  the  duty  of  the  street  cleaners,  to  clean 

streets.  . 

the  gutters  (with  hoes  or  scrapers)  of  all  filth,  and  put  the  same 
in  piles,  and  have  it  carried  away  the  same  day  to  such  places  as 
the  street  commissioner  may  designate ;  and  after  the  gutters 
shall  have  been  cleansed  with  hoes  or  scrapers,  the  water  may  be 
let  in  the  gutters  from  the  fire  plugs ;  and  while  the  water  is 
running  the  street  cleaner  shall  use  brooms  and  sweep  the  gut- 
ters— always  using  hose  to  convey  water  from  the  fire  plugs  to 
the  gutters.  For  any  violation  of  this  ordinance  the  offender  shall 
be  liable  to  a  fine  of  ten  dollars  for  every  offense,  recoverable  be- 
fore any  magistrate,  one-half  of  the  fine  to  go  to  the  informer. 

City  Ordinance,  No.  2143. 

Penalties  against  No.  831.  That  the  Street  commissioner  be,  and  he  is  hereby 
con  rac  org.  required  to  impose  the  fines — as  provided  in  the  specifications 
'  for  the  contracts  for  cleaning  the  paved  and  unpaved  streets  of 
the  city — on  all  contracts  for  cleaning  the  streets,  as  often  as 
said  contracts  are  neglected ;  and  whenever  any  contractor  shall 
have  been  fined  three  times  during  any  one  month,  to  report  the 
fact  to  the  council,  in  order  that  the  contractor  may  be  put  in 
default. 

City  Ordinance,  No.  1048. 

Contractor  certi-  No.  832.  That  the  street  commissioner  hereafter  issue  no 
certificates  to  contractors  for  repairing  and  cleaning  the  streets  of 
the  city,  until  the  same  be  submitted  for  the  approval  of  the 
committee  of  streets  and  landings. 

City  Ordinance,  No.  2683. 


STREETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,«ETC.  289 

No.  833.     That  the  street  commissioner  be,  and  he  is  hereby  Duty  of  street 

^  .  *^    cleaners. 

directed  to  forbid  and  prevent  the  contractors  for  cleaning  streets, 
from  depositing  any  of  the  kitchen  offal  and  garbage,  on  the 
streets  of  the  city,  and  to  discontinue  the  filling  of  Poydras  and 
Tobin  canals  during  the  summer  and  fall  months. 

City  Ordinance,  No.  2791. 

No.  834.  That  the  mayor  give  notice  in  accordance  with  the  Public  park, 
acts  of  the  legislature,  that  it  is  the  intention  of  the  common 
council  of  New  Orleans  to  open  and  lay  out  as  a  public  park, 
squares  fronting  on  Metairie  road,  numbered  684  to  635,  669  to 
675,  692  to  698,  714  to  720,  737  to  743,  755  to  758,  665  to 
668,  699  to  502,  710  to  715,  744  to  747. 

That  should  no  satisfactory  opposition  be  made  thereto,  after 
due  notice,  the  mayor  is  authorized  to  take  the  necessary  legal 
steps  for  the  opening  and  laying  out  of  said  park. 

City  Ordinance,  No.  278. 

No.  835.  (1.)  For  the  better  preservation  of  the  public  Public  park, 
property  of  the  city  of  New  Orleans,  it  shall  be  the  duty  of  the 
chief  of  police  to  detail  one  man,  whose  duty  it  shall  be  to  guard 
and  protect  the  interest  of  the  city  of  New  Orleans,  and  to  pre- 
vent the  destruction  of  the  trees,  or  any  other  property  belonging 
to  the  city  on  the  Metaire  ridge,  known  as  the  City  Park. 

(2.)  It  shall  not  be  lawful  for  any  person  or  persons,  military 
company  or  companies,  to  use  the  grounds  of  the  city  park  for 
target  excursions  or  any  such  purpose  as  may  be  injurious  to  the 
trees  or  property,  under  a  penalty  of  not  less  than  fifty  dollars  for 
such  offense,  recoverable  before  any  court  of  competent  jurisdic- 
tion, for  the  benefit  of  the  city. 

•     City.Ordinance,  No.  2115. 

.  No.  836.     That  the  surveyor  be,  and  he  is  hereby  authorized  Jackson   square 
to  cause  the  Jackson  square,  in  the  second  district,  to  be  opened 
till  10  o'clock,  p.  M.,   from  1st  of  May  to  1st  of  November  of  * 

each  year. 

That  the  surveyor  is  directed  to  use  the  roller  for  smoothing 
the  shells  lying  in  the  alleys. 

City  Ordinance,  No.  296.  * 

No.  837.     That  the  street  commissioner  be,  and  he  is  hereby  jackson  square, 
authorized   to  employ  a  suitable  person  as  gardener  of  Jackson 
square,  at  an  expense  not  exceeding  11000  per   annum,  for  said 
gardener  and  his  two  assistants. 

City  Ordinance,  No.  2222. 

37 


290  STREETS,  SIDEWALKS,  ALLEYS.  SQUARES,  LEVEES,  ETC. 

Public  squares         No.  838.     According  to  the  act  of  consolidation,  the  public 

prosie-a  ..  g^^^^j.gg  ^^^  promenades  of  the  city  be,  and  they  are  hereby  placed 

in  charge  of  the  street   commissioner,  who  shall  return   on  his 

monthly  pay-roll  the  names   of  all   persona  employed  in  taking 

care  of  the  same. 

City  Ordinance,  No.  1625. 

For  contract  relatiro  to  repairing  street?,  crossings,  etc.,  see  city  ord.  No.  2793. 
For  contract  relative  to  repairing  bridges,  etc.,  see  city  ordinance  No.  2901. 

Kepeaiofcertaia  No.  839.  That  an  ordinance  entitled  ''An  ordinance  con- 
cerning the  paving  and  completing  the  foot-paths  (causeways)  of 
the  city  of  New  Orleans  and  its  ihcorporated  suburbs,'^  approved 
September  27,  1827  j  also  a  resolution  amending  the  same,  ap- 
proved April  29,  1830,  and  also  another  resolution  amending  the 
same,  passed  December  18,  1830,  be,  and  the  same  is  hereby  re- 
pealed. 

City  Ordiaance,  No.  2351. 
See  No.  510. 
See  Batture,  p.  18. 
See  Buildingi?,  p.  27. 
See  Fence.s,  p.  90. 

See  OiTeGses  and  .Nuisance?,  page  172. 
Por  privileges  of  builderp,  sec  Ncs.  79  and  81. 
For  petition  to  council  for  paring,  etc.,  sec  No.  193. 
Engines  not  to  run  on  sideTralks,  No.  321. 
See  "  Vehicles"  and  "  Wharves." 
Obatructinjj  sidewalks  of  markets,  see  Nos.  4i7  an'l  453. 


ACTS  OF  THE  LEGISLATURE. 

Paving  and  ban-  Seo.  119.  That  whenever  one-fourth  of  the  owners  of  real  property, 
qucttxag  streets.  fj-Qritjag  upoa  any.  unpaved  or  unbanquetted  street  in  the  city  of  New 
Orleans,  shall,  by  petition,  signed  by  the  petitioner  or  petitioners,  and 
addressed  to  the  common  council  of  said  city,  ask  for  the  paving  or  for 
the  banquetting  of  said  street,  or  for  any  portion  thereof,  setting  forth 
the  character  and  quality  of  said  pavement,  or  of  said  banquetting,  said 
common  council  shall  cause  said  petition  to  be  published  in  French  and 
•  English,  in  the  oiScial  journal  of  said  city,  for  and  during  eight  weeks, 

once  in  each  week ;  and  if,  at  the  expiration  of  eaid  publication  so  made 
of  said  petition,  a  majority  of  the  owners  of  real  property  fronting  on 
Baid  street,  or  on  said  portion  thereof,  shall  not,  by  memorial,  signed  by 
the  memorialist  or  memorialists,  and  addressed  to  said  common  council, 
object  to  the  same,  said  common  council  shall,  by  resolution  or  other- 
wise, order  said  paving  or  said  banquetting,  so  petitioned  for,  to  be  made, 
in  accordance  with  section  30  of  this  act;  and  the  whole  cost  of  said 
pavement,  or  of  said  banquetts,  so  made  as  aforesaid,  shall  be  borne  by 
the  owner  or  owners  of  real  property  fronting  on  said  pavement,  or  on 
said  banquetts,  in  equal  proportion,  according  to  the  running  front  foot: 
Provided,  that  no  petition  for  new  paving  or  new  banquetting  shall  be 


STREETS,  SIDEWALKS,  ^LEYS,  SQUARES,  LEVEES,  ETC.  291 

presented  to  the  common  council  during  the  months  of  July,  August  or 
September.  • 

Sec.  120.  That  whencJver  any  owner  or  owners  of  property,  fronting  Paring  and  ban* 
upon  any  paved  or  banquetfced  street  in  the  city  of  New  Orleans,  shall,  ^^^"^°2  streets, 
by  petition,  signed  by  the  petitioner  or  petitioners,  and  addressed  to  the 
common  council  of  said  city,  ask  for  a  new  paring  or  a  new  banquetting 
of  said  street,  or  of  any  portion  thereof,  of  a  character  different  from  the 
than  existing  pavement  or  banquettes  of  said  street,  or  of  said  portion 
thereof,  and  setting  forth  in  said  petition  the  character  and  quality  of 
said  new  pavement,  or  of  said  new  banquetting,  the  common  council 
shall  cause  said  petition  to  be  published  in  French  and  English,  in  the 
of&cial  journal  of  said  city,  for  and  during  eight  weeks,  once  in  each 
week ;  and  if,  at  the  expiration  of  said  publication  so  made,  of  said  pe> 
tition,  a  majority  of  the  owners  of  real  property  fronting  on  said  street, 
or  on  said  portion  thereof,  shall  not,  by  petition  or  otherwise,  signed  by 
the  petitioner  or  petitioners,  and  addressed  to  said  common  council,  ob- 
ject to  the  same,  said  common  council  shall,  by  resolution  or  otherwise, 
order  said  new  pavement,  or  said  new  banquetting  so  petitioned  for,  to 
be  made,  in  accordance  with  section  30  of  this  act;  and  the  whole  cost  of 
said  new  pavement,  or  of  said  new  banquetting,  so  made  as  aforesaid, 
shall  be  borne  by  the  owners  of  said  real  property  fronting  on  said  new 
pavement,  or  on  said  new  banquettes,  in  equal  proportion  according  to 
the  front  foot:  Provided,  that  no  petition  for  new  paving  or  new  ban- 
quetting shall  be  presented  to  the  common  council  during  the  months  of 
July,  August  or  September. 

Sec.  121.  That  whenever  any  owner  or  owners  of  real  property  situ-  Opening,  Trldcn- 
ate  in  the  city  of  New  Orleans,  shall  by  petition,  signed  by  the  petitioner  eciDgo/ streets.* 
ot  petitioners,  and  addressed  to  the  common  council  of  said  city,  ask  for 
the  opening,  widening,  or  straightening  of  a  street  or  streets  through 
their  property  and  through  other  real  property  adjacent  thereto,  setting 
forth  in  said  petition  the  length,  width  and  direction  of  said  street  or 
streets,  together  with  a  description  of  said  other  adjacent  real  property, 
and  the  names  of  the  owners  thereof,  said  common  council  shall,  if  it 
deem  the  same  to  be  for  the  public  benefit,  cause  said  petition  to  be  pub- 
lished in  French  and  English,  in  the  official  journal  of  said  city,  for  and 
during  eight  weeks,  once  in  each  week ;  and  if,  at  the  expiration  of  said  * 

publication  so  made  of  said  petition,  a  majority  of  the  owners  of  said 
other  adjacent  real  property,  shall  not,  by  petition,  signed  by  the  petition- 
er or  petitioners,  and  addressed  to  said  common  council,  object  to  the 
same,  said  common  council  shall,  by  resolution  or  otherwise,  order  said 
street  or  streets  so  petitioned  for,  to  be  opened,  widened  or  straightened, 
under  and  in  accordance  with  existing  laws ;  and  the  whole  cost  of  said 
opening,  widening  or  straightening  of  said  street  or  streets,  so  made  as 
aforesaid,  shall  be  borrie  by  the  owners  of  the  property  affected  by  tho 
same :  Provided,  that  no  petition  for  opening,  widening,  or  straightening 
streets,  shall  be  presented  to  the  common  council  during  the  months  of 
July,  August  or  September. 

Sec.  122.     That  all  costs  of  publication  of  petitions,   as  required  by  cost  of  pntiica- 
sections  120,  121  and  122  of  this  act,  shall  be  paid  by  the  signers  of  the  6^°  ti/ng^^iS'^iil 


292  STREETS,  SIDEWALKS,  ALLEYS^  SQUARES,  LEVEES,  ETC. 

and  122  of  this  Same;  and  the   majority   of  owners,  within  the  meaning  of  sections  120 
act,  how  paid.       ^^^  ^^i  of  this   act,  shall  be  construed  to  bo  the  owner  or  owners  of  a 
majority  of  running  feet  of  real  property  fronting  on  the   street,    or  por- 
tion of    street  to  be  paved,   banquetted,    or  new  paved,    or  new  '  ban- 
quetted,  in  -accordance  with   said  sections  120  and  l2l  of  this  act;  and 
What  is  meant     further,  the  majority  of  owners  within  the  meaning  of  section  122  of  this 

by  "majority  of    ^^   shall  be  construed  to  be  orwner  or  owners,  of  a  maiority  in  value  of 

owners"  lu  said         '  ^  j        j 

section.  the  property  to  be  affected  by  the  opening,  widening,  or  straightening  of 

a  street  or  streets,  in  accordance  with  said  section  122  of  this  act. 

Streets  and  ban-      Sec.  123.     That   all  paved   and  unpaved    streets   and  unpaved  ban- 

ke^ttn  oidrr^°"^  quettes,  in  the  city  of  New  Orleans,  shall  be  kept  in  repair  by  said  city  ; 

and  all  paved'  banquettes  in   said  city,  shall   be  kept  in  repair  by  the 

owners  af  real  property  fronting  thereon. — Acts  1856,  p.  164. 

An  Act  concerning  Levees  and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Power  of  the  the  State  of  Louisiana  in  General  Assembly  convened,  That  if  any  per- 
™*y"''*  son  or  persons  shut  up,   by  means  of  a  fence  or  any  other  obstruction, 

any  street  or  public  way,  acknowledged  as  such,  and  of  which  the  public 
shall  be  in  actual  possession,  in  the  city  of  New  Orleans,  either  in  the 
city  itself  or  in  the  incorporated  or  unincorporated  faubourgs,  the  mayor 
shall  have  the  power,  upon  the  fact  being  made  known  to  him  by  the  affida- 
vit of  any  credible  person,  to  cause  the  said  fence  or  other  obstruction,  to 
be  removed  at  the  expense  of  the  person  who  shall  have  erected  the  same, 
after  having  given  written  notice  to  said  person,  if  he  be  known,  to  des- 
troy or  remove  the  same,  within  any  reasonable  delay  he  shall  determine; 
or  if  said  person  be  not  known,  the  said  mayor  shall  cause  the  said  fences 
or  other  obstructions  to  be  removed  or  sold,  if  said  objects  are  saleable, 
upon  inserting  a  notice  to  that  effect  in  English  and  French,  in  two  of 
the  newspapers  of  New  Orleans. — Acts  1830,  p.  114. 

For  ''Opening,  laying  out  and  improving  streets  and  public  places," 
see  acts  1832,  p.  132. 

See  acts  1840,  p.  51,  sec.  7. 

See  acts  1850,  p.  98 ;  and  p.  130,  sec.  8;  and  p.  161,  sec.  19. 

See  acts  1852,  p.  131,  sec.  7. 

See  acts  1847,  p.  162  ;  acts  1846,  p.  138. 

DECISIONS  OF  THE  SUPBEME  COURT. 

1 . — The  municipal  authorities  are  bound  to  preserve  unobstructed,  for 
public  use,  the  streets  of  the  city  and  the  banks  of  the  river,  which  are 
public  places ;  and  though  they  may  tolerate,  temporarily,  works  not 
deemed  injurious  to  the  rights  of  the  public,  no  permission  of  a  council 
can  prevent  a  subsequent  council  from  putting  an  end  to  such  toleration. 
—6  R.  349. 

2. — A  purchase  of  real  estate  by  the  corporation,  with  a  view  to 
divide  it  into  lots  and  streets,  and  to  resell  the  property  for  the  public 
convenience,  etc.,  is  legal. — 2  R.^R.  491. 


STREETS,  SIDEWALKS,  ATiLEYS,  SQUARES,  LEVEES,  ETC.  293 

3. — The  council  may  order  the  removal  of  works  and  the  demolition 
of  buildings  that  interrupt  or  impede  the  use  of  the  public  ways  and  the 
banks  of  the  river. — 4  M.  10,  and  p.  2,  and  3  La.  563.  And  the  power  of 
regulating  the  public  ways  and  maintaining  order  thereon  is  in  the 
council. — 5  Ann.  34. 

4. — The  corporation  have  the  power  to  impose  a  tax  on  the  front 
proprietors  of  ground  within  the  city  and  incorporated  faubourgs,  for 
the  purpose  of  paving  the  streets  and  making  the  banquettes. — 1  La.  5. 

5, — Owners  of  real  estate  cannot  be  compelled  to  pay  any  portion  of  the 
cost  of  paving  done  in  front  of  their  property,  unless  such  paving  was 
directed  to  be  done  by  a  special  ordinance,  after  notice  given  to  the 
parties  interested. — 8.  R.  R.  198. 

6. — The  corporation  have  no  power  to  take  the  property  of  individuals 
for  the  purpose  of  making  a  public  street,  without  granting  previous 
compensation  to  those  individuals. — 5  La.  422. 

7. — The  question  as  to  the  breadth  of  land,  which  a  municipal  corpo- 
ration nas  a  right  to  require  for  the  construction  of  a  road  and  levee  is, 
within  certain  limits,  an  administrative  question,  to  be  left  to  the 
discretion  of  the  local  authority. — 4  Ann.  73. 

8. — The  charge  imposed  by  ordinance  for  paving  side  walks  is  not  a 
^ax,  and  institutions  exempt  from  taxation  will  have  to  pay  it. — 4  Ann.  1. 

9, — Public  streets  and  roads  cannot  be  appropriated  to  private  uses. — 
3  M.  303. 

10. — The  right  of  soil  in  public  roads  is  vested  in  the  public,  and  such 
a  road  cannot  be  considered  as  a  mere  servitude^  or  right  of  way,  due 
by  the  proprietor  of  the  adjoining  lands, — 4.  M.  136.  But  the  principle 
laid  down  in  this  case,  is  subject  to  some  limitation.  The  property  in 
highways  (grands  chemins)  is  vested  in  the  whole  nation,  but  public 
roads  (chemins  publics)  may  be  made  on  land  subject  to  private  owner- 
ship.—3  Ann.  482. 

11. — The  use  of  the  banks  of  the  river  and  the  batture  outside  of  the 
levee,  is  vested  in  the  public  ;  but  the  ownership,  or  title  to  the  soil, 
is  vested  in  the  front  proprietors,  and  they  cannot  deprive  the  public  of 
that  right  of  use  at  their  own  pleasure,  or  impose  any  than  legal  limita- 
tions on  it.— 18  La.  122;  18  La.  178;  18  La.  295;  13  La.  331. 

12. — No  silence  or  length  of  time  can  deprive  a  corporation  of  its 
power  over  public  places.  Its  inaction  may  give  an  estate  by  sufferance, 
but  nothing  more.— 4  Ann.  73;    4  M.  10. 

13. — The  space  between  the  public  road  and  the  levee  is  private 
property,  to  the  exclusive  use  of  which  the  owner  is  entitled  ;  and  he 
may  use  the  part  which  extends  from  the  levee  to  the  river,  subject  to 
the  regulations  of  the  municipal  authority,  provided  he  do  not  prevent 
the  use  of  it  by  others  ;  and  he  may  confer  upon  a  lessee  the  same 
right.— 8  R.  R.  211. 

14  —The  property  of  the  banks  of  the  rivers  is  in  those  who  possess 
the  adjacent  lands,  and  they  have  a  right  to  prevent  the  unlawful  use 
of  them  by  the  agents  of  the  public. — 4  Ann.  30. 


294  STRKETS,  SIDEWALKS,  ALLEYS,  SQUARES,  LEVEES,  ETC. 

15. — Public  places  within  the  limits  of  a  corporation  cannot  be 
appropriated  to  private  use,  2  Ann.  770,  The  sovereign  alone  has  the 
power  of  changing  the  destination  of  public  places. — 3  Ann.  230. 

16. — Within  the  limits  of  incorporated  towns  the  municipal  govern- 
ments are  authorized  to  regulate  the  use  of  the  banks  of  rivers,  and  to 
cause  obstructions  to  be  removed ;  but  they  have  no  right  to  convert 
the  batture  formed  in'  front  of  the  property  of  individuals  to  private 
purposes,  such  as  wood  yards,  saw  mills  and  the  like. — 5  Ann.  36, 

•17. — Squares,  or  other  places  of  laud  left  vacant,  on  the  plaa 
of  a  city,  are  not  in  consequence  of  that  fact  alone,  to  be  considered  as 
public  places,  and  dedicated  for  the  use  of  the  whole  world,  unless  the 
plan  contain  something  on  its  face  to  show  such  dedication,  implying  a 
promise  on  the  part  of  the  owner  that  they  should  always  remain" open. — 

5  La.  132.— See  9  La.  153;  16  La.  509. 

18. — The  owner  of  property,  who  divests  himself  of  a  title  by  dedica- 
tion to  public  use  cannot  recover  it. — 16  La.  509. 

19. — The  commissioners,  appointed  undet  the  act  of  1832,  for  opening 
and  widening  streets,  are  made  the  sole  judges  of  the  cases  in  which 
improvements  are  of  so  general  a  nature  as  to  require  a  payment  of  a 
portion  of  the  expenses  by  the  whole  community. — 13  La.  325.  An 
assessment  is  the  peculiar  province  of  commissioners,  and  like  the  finding 
of  a  jury,  should  not  be  disturbed  except  for  manifest  error. — 15  La. 
597.  The  court  can,  in'  no  case,  amend  an  assessment  made  by  the 
commissioners.  The  report  must  be  approved  or  rejected  m  ^o^o;  and 
in  case  of  rejection  the  court  is  bound  either  to  appoint  new  commis- 
sioners, or  to  refer  the  whole  matter  back  to  the  same. — 4  R.  R.  357; 
4  Ann.  7. 

20. — The  proceedings  may  be  discontinued  on  the  payment  of 
costs,  at  any  time  before  the  final  confirmation  by  the  court  of  the 
report  of  the  assessors.  No  rights  are  acquired,  or  titles  divested, 
until  the  assessment  have  been  approved  by  the  court. — 4  Ann.   4  ; 

6  Ann.  112;    11  R.  R.  97;  12  R.  R.  456. 

21. — Where  the  city  takes  possession  of  a  private  lot  for  public  use, 
interest  on  the  price  will  be  due  from  the  time  of  taking  possession.— 
2  Ann.  651. 

22, — When  a  person  pulls  down  the  barricades,  erected  on  the  streets 
of  the  ,city  by  a  paving  contractor,  and  thereby  causes  tlie  pavement  to 
be  injured  before  it  is  ready  for  public  use,  he  is  responsible  to  the  con- 
tractor for  the  damage  he  has  caused. — 6  Ann.  569. 

23. — The  municipalities  had  the  power  to  order  side  wnlks  and  gut- 
ters, and  the  proprietors  of  property  in  front  of  which  such  improve- 
ments were  made,  are  liable  for  two-thirds  of  the  costs  of  the  improve- 
ments.— 7.  Ann.  25. 

24. — The  city  ordinance  imposing  upon  the  proprietors  one-third  of  the 
expense  of  paving  the  street  in  front  of  his  property,  is  constitutional. — 
10  Ann.  59;  1  La.  1. 


SURVEYOR.  295 

25.— The  municipality  had  authority  to  impose  a  portion*  of  the  cost, 
for  the  remc^ral  of  a  dilapidated  and  insufficient  pavement,  and  making 
a  new  and  sufficient^one  in  its  stead,  on  the  proprietor  of  property 
fronting  the  street  so  improved. — 10  Ann.  57.  (See  Acts  of  1856,  sect. 
120,  page  291  of  this  book.) 

2G. — In  making  the  assessment  under  the  act  of  1832,  (for  opening 
streets,)  the  only  lots  subject  to  assessment  are  those  adjacent  to,  or 
fronting  that  part  of  the  street  so  improved.  The  owners  to  whose  land 
a  new  front  is  given  or  added,  are  alone  subject  to  contribution  to  pay 
for  it.— 7  Ann.  76. 

27. — Under  the  act  x>f  1832,  (for  opening  streets,)  there  must  be 
published  in  the  newspaper  a  notice  of  the  day  on  which  the  commis- 
fiioners  will  present  to  the  court  their  estimate  and  assessment  for  con- 
firmation. A  certificate  of  the  clerk  of  the  court  is  not  evidence  of  such 
publication.  It  must  be  proved  under  oath,  as  other  facts  are  proved. — 
8.  Ann.  877. 

28. — The  assessment  directed  by  the  third  section  of  act  of  1832, 
(for  opening  streets,)  applies  exclusively  to  the  property  to  be 
appropriated.  The  commissioners  are  not  authorized  to  include  in  such 
assessment  their  own  fees  and  other  expenses. — 10  Ann.  313. 

29. — The  banks  of  the  river  are  public  property,  subject  to  be  used  by 
the  public  at  large. — 10  Ann.  171.  And  this  "bank"  is  not  necessarily 
confind  to  the  dtiinition  of  banks  as  given  in  Art.  448,  of  the  Civil  Code. 
—10  Ann.  523. 

30.— The  act  of  1832,  for  the  operiag  of  streets  is  not  unconstitutional 
in  cases  where  provision  is  made  lor  payment  for  the  property,  before 
the  expropriation  i«  effected.— 7  Ann.  76  ;  but  see  9  Ann.  446,  below. 

31. — There  does  not  exist  either  in  the  legislature  or  in  any  of  the 
subdivisions  of  sovereignty,  a  power  of  apportioning  taxation  for  public 
purposes,  whether  of  a  general  or  local  character,  except  on  the  prin- 
ciple of  equality  and  uniformity.  The  act  of  1832,  which  directs  that 
the  owners  of  all  the  lots  adjacent  to  and  fronting  the  part  of  the  street 
to  be  opened  shall  .be  assessed  for  their  respective  portions  of  the 
benefit  derived  from  the  improvement,  and  the  act  of  1847,  which  pro- 
vides  that  the  owners  of  all  property  which  may  be  benefitted  by  opening 
streets,  shall  be  bound  for  the  amount  of  their  proportions  of  the  benefit, 
'are  unconstitutional,  such  assessment  being  unequal  and  not  uniform.^ — 
0  Ann.  446;  10  Ann.  59. 

For  other  decisions,  see  "New  Orleans,"  page  165 ;  <'IleYt;nue," 
page  252;  and  "Wharves." 


SURVEYOR. 

No.  840.     (1.)  The  surveyor's  department  of  the  city  of  New  His  deputies. 
Orleans  shall  consist  of  the  surveyor,  *of  two  deputies,  of  one 
clerk,  and  of  two  chain  carriers. 


296  StJRVEYOIt. 

Ilia  office,  bond,  No.  841. •  (2.)  That  the  surveyor  shall  keep  his  office  in  the 
city  hall,  in  which  all  the  plans,  minutes  and  documeits  of  the 
department,  all  the  estimates,  boundary,  plcfts,  surveys,  linea- 
tions  and  reports  shall  be  deposited  and  carefully  kept.  They 
.shall  be  considered  the  property  of  the  city,  and  shall  be  at  all 
times  accessible  to  the  mayor  and  members  of  the  common  council. 
The  said  surveyor  shall  take  the  oath  required  by  section  17  of 
the  city  charter,  and  shall  give  bond,  with  one  or  more  securities 
to  the  satisfaction  of  the  common  council,  in  the  sum  of  $15,000, 
conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  and  to  secure  the  city  against  all  claims,  loss  or  injury 
that  may  arise  from  his  neglect,  inability,  or  the  unfaithful  dis- 
charge of  his  duties. 

His  duties.  No.  842.     (3.)  That  it  shall  be  the  duty  of  the   surveyor  to 

furnish  the  common  council  with  all  the  plans,  estimates  and 
other  information  appertaining  to  his  department,  which  the  said 
council  may  require  ;  to  make  all  specifications  relative  to  public 
works  to  be  let  out  by  contract,  when  required  so  to  do  by  the 
common  council ;  to  give  the  lineations  of  all  the  streets  of  the 
city  as  well  as  the  lineations  and  grades  of  the  sidewalks,  wharves, 
levees,  bridges,  and  stre'ets,  in  accordance  with  the  ordinances  of 
the  common  council ;  to  superintend  the  repairing  of  the  public 
buildings  belonging  to  the  city ;  to  superintend  the  draining 
as  well  as  the  cleaning  of  the  draining  canals  and  ditches;  to 
lodge  information  with  the  mayor,  (a  copy  of  which  shall  be 
transmitted  to  the  common  council,)  against  any  person,  company, 
corporation  or  institution  who  may  build,  construct,  or  increase 
any  building,  wall  or  enclosure  in  front  of  any  street  or  other 
public  way  without  having  first  applied  to  him,  or  his  deputy, 
to  receive  the  lineation,  or  who  shall  make,  or  cause  to  be  made, 
any  banquette  or  footway,  the  grades  of  which  he  shall  not  have 
defined ;  to  cause  to  be  transcribed  daily,  from  the  registry  of 
conveyances,  all  changes  of  ownership  which  may  take  place  of 
real  property,  other  than  slaves,  into  the  books  of  plans  which 
shall  be  deposited  in  his  office  as  soon  as  the  same  shall  be  com- 
pleted; to  see  to  the  execution  of  the  ordinances  relative  to 
houses,  buildings,  walls,  or  any  other  object,  which,  from  their 
ruinous  condition,  or  any  other  cause,  might,  by  falling  down, 
interfere  with  the  safety  of  the  public  way,  or  occasion  accidents; 
to  superintend  the  construction  of  all  public  and  private  build- 
ings, and  whenever  a  btiilding  in  construction,  or  already  con- 
structed or  repaired,  shall  be  defective  on  the  score  of  solidity, 


StJRVEYOR.  297 

or  on  account  of  some  defect  in  the  plan  thereof,  or  of  tlio  walls 
being  too  light,  or  upon  any  other  account,  said  surveyor  shall  be 
bound  to  report  thereon  immediately,  in  writing,  to  the  mayor 
and  to  the  common  council ;  said  surveyor  shall  perform  all  such 
other  duties  as  the  common  council  may  direct. 

No.  843.  .(4.)  The  duties  of  the  deputy  surveyor  are  hereby  Duties  of  deputy 
limited  to  the  giving  of  the  lines  of  lots  and  other  properties 
situated  in  front  of  the  streets  and  public  ways,  whenever  they 
shall  be  required ;  and  to  report  to  the  mayor  and  surveyor  all 
persons,  corporations,  companies  or  institutions  who  shall  not 
conform  to  the  same  -,  and  he  shall  act  as  surveyor  in  case  of 
absence,  sickness,  or  inability  of  the  surveyor. 

No.  844.     (5.)  That  the  salary  of  the  surveyor  be,  and  is  Salary  of  sur» 
hereby  fixed  at  three  thousand  dollars  per  annum. 

No.  845.  (6  )  That  the  compensation  to  the  deputy  surveyor  sninry  of  de- 
shall  consist  of  the  sum  of  two  cents  per  running  foot,  which  he  ^^  ^^^' 
is  authorized  to  receive  of  all  persons  who  shall  employ  him  to 
give  the  lineations  of  their  lots.  He  shall  take  the  oaths  re- 
quired by  section  17  of  the  city  charter,  and  shall  furnish  their 
bond  with  good  and  sufficient  security,  to  the  satisfaction  of  the 
common  council,  in  the  sum  of  five  thousand  dollars,  each  to 
guarantee  the  faithful  performance^ of  his  duties. 

No.  846.     (7.)  That  the  salary  of  tie  clerk  of  the   surveyor  salary  of  dork, 
be,  and  is  hereby  fixed  at  twelve  hundred  dollars  per  annum. 

No.  847.     (8.)  That  the   salaries   of  the   chain   carriers  be,  Salary  oi  chaio 
and  they  are  hereby  fixed,  at  three  hundred  dollars  per  annum. 

No.  848.     (9.)  That  the   clerk  and  chain  carriers  shall  be  cierk  nnd  chaia 
under  the  immediate  control  of  the  surveyor,  and  shall  perform  ^^"^^^ 
Buch  duties  as  may  be  prescribed  to  them  by  him. 

No.  849.     (10.)  That  the  surveyor's  office  shall  be  kept  open  office  hours, 
every  day  for  the  public,  (Sundays  and  holidays  excepted,)  from 
9  o'clock,  A.  M.,  till  3  p.  M.,  and  from   4  o'clock,  P.  M.,  to  6 
o'clock,  p.  M. 

No.  850.     (11.)  That  all  ordinances  or  parts  of  ordinances,  Eepeaiing clause, 
contrary  to  the  provisions  of  the  present  ordinance,  be  and   are 
hereby  repealed. 

City  Ordinance,  No.  2957.    Approved  August  4, 1856. 

No.  851.     That  the  surveyor  be,  and  he  is   hereby,  required  msreporu- 
to  report  to  the  common  council  at  its  regular  meetings,  the  work 
or  works  in  progress  under  the  control  of  his  department,  other 
than  contracts.     The  number  of  men,  also  of  superintendents  or 
88 


298 


SURVEYOR. 


His  reports. 


His  reports. 


His  book  of 
record,  etc. 


To  purchase  toa- 
texiale. 


Monthly  state- 
ments. 


Surveyor's  la- 
borers. 


overseers,  the  wages  paid  to  each  per  montli  or  day,  as  they  are 
employed. 

City  Ordinance,  No.  133. 

No.  852.  That  the  city  surveyor  be,  and  is  hereby  required, 
as  often  as  twice  in  each  month,  to  report  to  the  common  council 
the  number  and  description  of  mechanics,  laborers,  horses  and 
carts,  superintendents  and  overseers  employed,  and  under  the 
direction  of  his  department,  in  each  District  of  this  city.  The 
compensation  paid  per  day  or  month,  the  work  or  works  on  which 
employed,  and  also  furnish  information  to  this  Council  which 
will  enable  it  to  understand  fully  the  duties  and  requirements  of 
all  men  thus  employed,  and  judge  of  the  propriety  and  necessity 
of  their  employment. 

City  Ordinance,  No.  136. 

No.  853.  It  shall  be  the  duty  of  the  surveyor  to  report  to 
the  council  the  non-fulfillment  of  all  contracts  in  which  the  city 
may  be  interested. 

City  Ordinance,  No.  455. 

No.  854.  That  the  surveyor  and  street  commissioner  be,  and 
they  are  hereby  required  to  keep  a  book  of  record  in  their  de- 
partments, in  which  shall  be  daily  recorded  by  their  superintend- 
ents or  overseers,  the  number  of  laborers,  carts,  etc.,  employed 
in  their  departments,  designating  separately,  the  several  kinds  of 
work  on  which  they  may  be  engaged. 

City  Ordinance,  No.  1387. 

No.  855.  (1.)  That  the  surveyor  and  street  commissioner  be, 
and  they  are  hereby  authorized  to  purchase  such  materials  as  may 
be  required  by  them,  in  order  to  carry  on  the  public  improve- 
ments in  their  respective  departments  not  under  contract. 

No.  856.  (2.)  That  said  officers  shall  make  a  monthly  state- 
ment to  the  council  of  all  the  materials  purchased  by  them,  des- 
ignating the  purposes  for  which  said  materials  were  bought. 

City  Ordinance,  No.  1531. 

No.  857.  From  and  after  the  passage  of  this  resolution,  the 
pay  of  all  laborers  employed  on  the  public  works  in  charge  of 
the  surveyor  or  street  commissioner,  shall  be  at  the  rate  of  thirty- 
five  dollars  per  month  for  each  laborer. 

City  Ordinance,  No.  724. 

Nos.  858,  859,  860,  and  861,  repealed. 

For  his  dfttv  relative  to  preventing  accidents  at  places  of  amusement,  see  Nos. 

61  and  90. 
Duty  as  to  buildings,  numbering  of  houses,  etc.,  see  page  27. 
Duty  a.<»  to  cetneteriei',  se«  No.  132. 
Duty  as  to  quicklime,  see  No.  620. 
Duty  as  to  certain  bridges,  see  No.  927, 


SITEVEYOR.  299 

ACTS  OF  THE  LEGISLATUKE. 

For  his  election,  see  acts  1856,  p.  141,  sec.  24,  (placed  under  "  Offi- 
cers," p.  189.) 

Sec.  33.  That  the  surveyor  shall  furnish  the  common  council  with  al^  I>utie8  of  sur- 
plans,  estimates,  and  other  information  appertaining  to  his  department, 
which  the  said  council  may  require.  He  shall  superintend  the  public 
works,  and  report,  after  the  completion  of  the  same,  the  manner  in  which 
said  works  have  been  executed ;  and  shall  perform  such  other  duties  as 
the  common  council  may  direct.     He  shall  receive  a  salary  of  $3,000  Salary  of  sur- 

per  year.— Acts  of  1856,  p.  146.  '^*y°''- 

» 

Sec.  113.     That  the  common  council  of  the  city  of  New  Orleans  shall  Corotnon  counrll 
emp'oy  one  or  more  persons  to  make  :  1st.  A  general  plan  of  said  city,  j^"  '^^^^^  *of'"the 
givino;  the  direction  of  all  the  streets  within  the  same,   together  with  city  to  be  made, 
their   angles  ;    also,    the  precise  dimensions  of  each  and  every  square   book  of  plans, 
calculated  in  degrees,   minutes   and  seconds.     2nd.  A  book  of  plans, 
which  shall  minutely  describe   every  tract,   square  and  lot  of  ground 
within  the  incorporated  limits  of  said  city ;  together  with  a  proper  gen- 
eral index  to  the  same. 

Sec.  114.     That  after  said  book  of  plans  shall  have  been  completed,  Surreynr  to 

it  shall  be  the  duty  of  the  surveyor   of  said  city  to  cause  to  be  trans-  l^ri'p^  ©f  change 

cribed  daily,  from  the  registry  of  conveyances  in  said  city,  ioto  said  ^^  ownership,  of 
'=>        ''  •'  •"  re»l  estate,  to  be 

book,  all  changes  of  ownership  which  may  take  place,  of  real    property  made. 

other  than  slaves,  situate  in  said  city;  together  with   all  divisions  and 

subdivisions  of  said  real  property,  either  by  private  or  judicial  sale,  or 

otherwise. 

Sec.  115.     That  each  and  every  person  owning  a  tract,  square  or  lot  Plans  of  sub- 
of  ground,  situate  in  the  city  of  New  Orleans,  and  who  shall  divide   or  depopited  with 
subdivide  the  same,  for  the  purpose  of  making  sale  of  the  whole,  or  of  surveyor, 
any  part  thereof,  shall,  before  making  said  sale,  deposite  in  the  office  of 
the  surveyor  of  said  city,  a   true  plan  of  said  division  or  subdivision ;  Penalty  for  fail- 
and  each  and  every  person  who  shall  fail  or  neglect  so  to  do,  shall,  for  wi^tt^h^^Jction 
each  said  failure  or  neglect,  forfeit  and  pay  the  sura  of  $100  to  said  city, 
to  be  recovered  before  any  court  of  competent  jurisdiction. 

Sec.  116.     That  after  said  general  plan,  and  said  book  of  plans  of  General  riana-'d 

the   city   of  New   Orleans,   shall  have  been  completed  by  the  persons  be^ubjeSTo'thS 

employed  to  make  the  same,  said  general  plan  and  books  of  plans   shall  iuspe'tion  of  as- 
,,     .  ,  ,  ,      .  .  ,  „     ,  se>if!or8   and    su* 

be  at  all  times  subject  to  the  inspection  and  use  of  the   assessors  and  pervisors. 
supervisors  of  assessments  of  said  city. — Acts  of  1856,  p.  161. 

See  acts  1856,  p.  166,  sec.  125,  (under  *' officers,"  p.  189.) 

See  acts  1855,  p.  284. 

For  surveyor  general  and  parish  surveyors,  see  acts  1855,  p.  456. 

decision  op  supreme  court. 

In  ascertaining  the  true  boundaries,   if  not  admitted,  the  surveyor 
must  have  recourse  to«the  titles. — 2  Ann.  628. 


800  TOBACCO — ^INSPECTION  01*. 

TANNERIES.— See  page  89. 
TAXES.— See  ^^  Revenue,"  page  239. 
'   THEATRE.— See  "Balls,"  etc.,  page  15. 


TOBACCO— INSPECTION  OF. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  Relative  to  the  Inspection  of  Tobacco. 

Sbction  1.     Be  it  enacted  hy   the  Senate  and  House  of  Representatives 
Ten  tobacco   In-  of  the  State  of  Louisiana  in  General  Assembly  convened^     That  there  shall 
poiuted!*°  ^^^'^'  ^®  appointed  by  the  Governor  of  the  State,  by  and  with  the  advice  and 
consent  of  the  Senate,  ten  inspectors  of  tobacco   for  the  city  of  New 
Orleans,  to  be  denominated  the  "  New  Orleans  Board  of  Tobacco  Inspec- 
tors." 
Term  of  office.  Sec.  2.  That  they  shall  be  appointed  for  the  term  of  four  years,  shall 

Oath,  take  an  oath  faithfully  to  discharge  the  duties  of  the  office,  as  prescribed 

Uond  and   eecu-  by  law,  and  shall   give  bond  to   the  State  for  the  sum  of  ten  thousand 
^  ^^'  do.lars,  (with  two  sureties  for  five  thousand  dollars,  each  good  for  the 

amount,  to  be  approved  by  the  treasurer  of  the  State,)  for  the  faithful 
performance  of  their  duties  while  in  office ,  and  each  person  offering 
himstlf  as  security  shall  take  an  oath  before  some  competent  magistrate 
that  he  is  worth  what  he  is  surety  for,  and  said  surety  sliall  be  liable 
on  said  bond,  not  only  to  the  State,  but  to  all  persons  who  shall  have 
suflfered  damage  by  the  wrongful  act,  neglect  or  inattention  of  the  in- 
spectors. 
B'^ftrd  of  inspec*  Skc.  3.  That  it  shall  be  their  duty  to  organise  themselves  as  aboard, 
^'*  appointing  one  of  their   own   number  as  president  of  the  board   and 

another,  secretary.  Seven  members  shall  constitute  a  quorum.  The 
board  of  inspectors  shall  have  a  common  seal.  In  the  absence  of  the 
pre.-i'Jent  or  secretary,  the  board  ^hall  name  a  president  or  secretary 
pro  tempore.  The  president  and  secretary  shall  be  chosen  yearly,  and 
allowed  each  two  hundred  dollars  per  annum  for  their  services. 
Duty  of  the  Sec    4.     That  it  shall  be  the  duty  of  the  president  to   call  meetings 

Lcreurv"!  *^"^       °^  ^'^®  board  ,  and  preside  over  their  deliberations.     It  shall  be  the  duty 
of  the  secretary  to  record  their  proceedings,  and  in  such  manner  as  to 
show  the  vote  of  each  member  upon  questions  submitted   to  the  board. 
illlpontniptPBub-      Sec.  5.     That  all  contracts  of  the  bo-\rd  shall  be  submitted  to  them, 
board* ^°^^^        and  shall  be  approved  of  by  a  majority  of  the  whole  number  of  in- 
spectors. 
Pules  and  by.         Sbc.  6.     That  they  shall  have  authority  to  make  rules  and  by-laws 
^'*^^^'  for  the  regulation  of  the  members  in  the  discharge^of  their  duties,  which 


TOBACCO— INSPECTION  OP.  301 

by-laws  shall  not  be  inoonsistant  with  the  laws  and  constitution  of  this 

Slate  and  of  the  United  States. 

Skc.  7.     That  it  shall  be  the  duty  of  the  board  to  provide  suitable  Warehouses  to 

/.      .  XT-     1  J.        A.  i   ^®  provided    for 

warehouses  in  the  city  for  the  storage  of  tobacco  at  the  lowest  rates  at  by  tha  board. 

which  they  can  be  obtained,  two  of  which  shall  be  located  in  the  fourth 
district ;  which  warehouses  shall  be  fire-proof,  and  floored  with  plank 
two  inches  thick,  and  provided  with  a  sufficient  number  of  presses,  and 
shall  be  located  at  such  point  as  will  be  most  convenint  for  the  recep- 
tion of  tobacco,  and  for  the  convenience  and  interest  of  those  engaged 
in  the  tobacco  trade. 

Sec.  8.  That  when  the  tobacco  is  brought  to  the  warehouse,  it  shall  Tobacco  by  whom 
be  received  by  the  inspector  or  in-pectors  alloted  to  said  warehouse  or 
their  clerk,  who  shall  immediately  mark  with  ink  the  warehouse  num- 
bers, commencing  with  ot>e  and  running  to  the  end  of  the  year,  on  each 
end  of  the  cask  ;  when  called  on  by  the  owner  or  agent  to  inspect  a  lot 
of  tobacco,  they  shall  cause  the  hogshead  or  cask  to  be  placed  at  a  con- 
veniefit  distance  from  the  press  and  under  the  eye  of  the  inspector,  or 
their  clerk  to  cause  one  head  of  the  cask  to  be  taken  out ;  the  cask  must 
then  be  headed  upon  the  open  end,  and  the  whole  cask  be  taken  from  the 
tobacco  and  weighed.  The  weight  of  the  cask  being  the  tare,  shall  be 
marked  on  it  with  a  mai^king  iron.  The  inspector  shall  then  have  the  to- 
bacco broken  in  four  diflferent  places,  from  each  of  which  he  sftall  draw 
four  hands  or  bundles  of  tobacco,  which  shall  be  tied  up  neatly  and  com- 
pactly, the  bundle  from  the  top  breaks  forming  the  first  layer  of  the 
sample.  The  inspector  shall  be  careful  that  the  sample  shall  be  a  fair 
repi-esentation  of  the  quality  of  the  whole  hogshead  of  tobacco,  as  near 
as  he  can  make  it.  The  tnpe  or  twine  used  in  tying  up  the  sample  shall 
pass  through  the  hands  of  tobacco,  and  a  seal  of  wax  shall  be  put  on 
each  sample.  One  end  of  the  sample  card  which  expresses  the  qual- 
ity of  the  tobacco,  the  warehouse  number,  inspection  number,  and 
initials  of  the  inspectors'  names  who  have  inspected  it  shall  be  put  un- 
der the  seal  of  wax.  When  a  hogshead  or  cask  of  tobacco  is  damaged, 
if  practicable,  the  damaged  portion  shall  be  cut  off"  and  held  at  the  dis- 
posal of  the  owner  or  agent.  The  quantity  so  trimmed  shall  also  be 
expressed  on  the  sample  card  with  ink.  If  the  damage  be  to  such  an 
extent  that  it  cannot  be  trimmed  oft',  the  inspectors  shall  refuse  to  class- 
■  ify  the  hogshead.  They  shall  give  a  sample  of  it,  expressing  the  prob- 
able extent  of  the  damage,  but  without  inspection  seal.  If  upon  the 
inspection  of  a  hogshead  of  tobacco,  it  be  apparent  that  it  is  falsly  or 
fraudulently  packed,  said  hogseead  shall  be  marked  "con  lemned,"  and  • 
the  inspectors  shall  refuse  to  give  a  sample  of  it.  It  shall  then  be  at 
the  disposal  of  the  owner  or  agents  subject  to  the  same  charges  as  if  it 
had  been  inspected.  If  the  cask  or  hogshead  shall  prove  to  be  of  green 
,or  unsound  timber,  the  inspectors  shall  provide  a  suitable  cask  at  the 
expense  of  the  owner  or  agent. 

Sec.  9.     That  there  shall  be  two  classes  of  tobacco,  to  wit :  admitted  ciasFificatlon  of 
and  refused.     The  inspectors  shall  class  as  admitted  all   tobacco  they  ^^^  tobacco, 
may  find  to  be  sound,  well  cured  and  in  good  keeping  condition  ;  and 


802  TOBACCO — ^INSPECTION  OF. 

they  sball  class  as  refused  all  such  tobacco  as  they  may  find  to  be  soft, 
high  in  case,  or  otherwise  unsound. 
R«in»pection  Sec.  10.     That  when  the  inspectors  are  called  upon  to  reinspect  a  lot 

of  tobacco,   they  shall  make  a  copy  of  the  original  sample  card,   and 
shall  write  on  it  with  ink  in  plain  letters  "reinspected,"  and  shall  give 
the  date  of  the  same. 
Duty  to  be  per-       Skc.  11.     That  when  the  inspection  of  one  or  more  hogsheads  of  to- 
inspeaion!'^      ^  bacco  is  finished,  the  laborers  of  the   warehouse,  under  the  eye  of  an 
inspector  or  their  clerk,  shall  have  the  cask  returned  to  the  tobacco,  and 
the  loose  tobacco  shall  also  be  returned,  and  should  it  be  impossible  to 
put  it  all  in,  it  shall  be  held  subje3t  to  the  order  of  the  owner.    After  it 
is  placed  under  the  press,  it  shall  be  coopered  up,  in  good  condition  for 
shipping,  each  cask  having  six  hoops.     The  cask  shall  then  be  weighed 
by  an  inspector  or  their  clerk,  and  the  gross  weight  marked  in  ink  over 
the  t;u*e  weight.     The  gross  weight,   tha  tare,  and  the  warehouse  num- 
ber shall  also  be  marked  with  marking  irons,  by  cutting  with  the  same 
on  the  bilge  of  the  hogshead  or  cask,  and  the  cask  then  stored  away. 
Book   of  Inspec-      Sec.  12.     That  the  particulars  of  each  day's  inspection  shall  be  re- 
*^°"*  corded  in  a  book  to  be  kept  in  each  warehouse  for  that  purpose,  in  which 

shall  be  noted   all  the  marks  and  numbers  on  the  cask  when  received, 
the  gross  weight,  tare,  warehouse  number,  inspection  number,  by  whom 
inspected,  and  for  whose  account. 
Certificate  of  in-       Sec.  13.     That  the  samples  and  a  certificate  corresponding  with  the 
epection.  record  of  inspection,   shall  then  be  issued  to  the  owner  or  agent,  and 

shall  be  a  receipt  for  the  tobacco.  The  certificate  shall  be  transferable 
by  endorsement  or  otherwise,  which  shall  be  evidence  of  its  delivery. 
When  the  legal  holder  of  the  certificat3  shall  call  for  the  delivery  of  the 
tobacco,  it  shall  be  the  duty  of  the  inspectors  to  have  the  hogshead 
promptly  delivered  at  some  opening  of  the  warehouse  which  is  accessi- 
ble by  a  paved  street. 
Temporary  rp  ^^^'  ^^'     That  on  receiving  tobacco  in  the  warehouse,  the  clerk  of  the 

ceipts  to  begivcn  inspectors   shall  give   temporary  receipts  to  the  owner  or   agents,  ac- 
by  the  iiinpnctors  ,  ,    ,    .         ,  .  .  „       .  .  ,      , 

or  their  clerks,  knowledging  the  receipt  thereof,  which  they  may  require  to  be  surren- 
dered upon  the  issuance  of  their  certificate  of  inspection.  The  inspectors 
shall  be  liable  for  all  tobacco  stored  with  them,  and  shall  be  responsible 
to  all  persons  interested  in  the  same,  for  the  correctness  of  their  sample 
and  weights.  The  inspectors  shall  have  recourse  upon  the  particular  in- 
spector or  inspectors  whose  neglect  or  wrongful  act  has  caused  the  dam- 
age. 
Inwpfictors  pro-  Sec.  15.  That  the  inspectors  themselves,  and  the  persons  employed  by 
de'iln^l^^or^trad.  *^^°*»  ^^^  prohibited  from  dealing  or  trading  in  tobacco,  either  in  their 
ingiu  tobacco,  own  names  or  in  the  names  of  others,  in  any  manner  whatever,  or  from 
being  connected  with  or  having  any  interest  in  the  business  of  other 
persons  dealing  in  tobacco,  or  from  putting  up  loose  tobacco  in  bales, 
or  hogshe.'ids,  or  from  being  interested  in  any  manner  in  the  warehouse 
rented  by  them  for  the  storage  of  tobacco;  or  from  owning  or  being  in- 
terested in  any  of  the  laborers  or  coopers  empl(»yed  in  the  warehouse, 
or  from  having  any  interest  in  the  drayage  of  tobacco  to  and  from  the 


TOBACCO — INSPECTION  OP. 

warehouses;  and  upon  conviction  of  the   violation   of   any  of  the  above 

prohibitions,  the  inspector,  or  other  person  so  oflFending,  shall  he  deprived 

of  his  oflSce,  and  shall  be  subjected  to  a  fine  of  not  less  than  five  hundred 

nor  m«re  than  two  thousand  dollars;  and  any  inspector,   upon  conviction 

of  making  wilfully  a  false  or  fraudulent  inspection,    or  accepting  a  bribe 

in  relation  to  the  discharge  of  the  duties   of  his  office,  shall  be  deprived 

of  his  office,  and  shall  suffer  imprisonment  in   the  penitentiary  not  less 

than  three  months  nor  more  than  two  years. 

Seo.   16.     That  all  tobacco  shall  be  inspected  by  two  inspectors  in  the  Number  of  in- 

„        ,         ,  ,    .  ...  ,  ppectors  required 

presence  of  each   other;    and  in  case   of  disagreement  oetween  them,  a  to  inspect  lo- 

third  inspector  shall  be  called  in,  who  shall  decide  upon  its  quality.  ba<^co. 

SEt5.  17.     That  the  inspector  shall  not   inspect  tobacco   at  mv  other  Tn,«reetorfl  not  to 
,,  ,  .,    ,  ,        ,  .        ,  ,.        '       .  inspect  out  of 

warehouse  than  those  provided  as  contemplated  by  the  preceding  section,   iij^ir  wiirehoucas 

Sec.  18.     That  the  fees  for  receiving,  weighing,    inspecting,    storing  Fees  for  receiving 
for  two  months,  coopering,  and  all  other  duties  imposed  by  law  upon  the  ^'g'ftingietc.' 
inspectors,  shall  not  exceed  two  dollars  and    fifty   cents  per   hogshead, 
one-half  of  which  shall  be   paid   by   the   purchaser  to  the  seller.     For 
re-inspecting,  re-weighing  and  coopering,    the  charge   shall   be  seventy- 
five  cents  for  each  hog.shead.     On  tobacco  remaining  in  store  more  than  Extra  storage, 
two  months  from  date  of  receipt,  they  shall  charge  extra   storage   at  the 
rate  of  twenty-five  cents  per  month.     Oa  tobacco  stored  on  which'    there 
is  no  inspection,  fifty   cents  per  month.     The  owner   or  agent  storing 
the  tobacco  shall  be  bound  for  the  fees,  and  there   shall  be  a  privilege 
upon  the  tobacco  for  them. 

Sec.  19.     That  the  board  of  inspectors  shall  be  allowed  to  employ  clerks  to  be  em' 
two  clerks  for  each  warehouse   to  hold  their  places   at  the  pleasure  of  £oard!^^^  ^ 
the  board  ;  the  first  to  receive  out  of  the  funds  hereinafter  provided,    a 
salary  not  to  exceed  one  thousand  dollars  per  annum,  the   other  not  to 
exceed  six  hundred  dollars.     The  board  shall  also  be  allowed   to   employ 
a  sufficient  number  of  laborers  and  coopers  for  each  warehouse. 

Seo.  20.     That  should  any  vacancy  occur  in  the  board  of  inspectors,  Vacnncies  how 
by  death,  resignation,  deprivation  of  office,    or  from  any  other   cause,  it  * 

shall  be  the  duty  of  the  Governor  to  appoint  a  competent  successor, 
Bubject  to  the  ratification  of  the  senate,  as  other  civil  appointments  made 
by  the  Governor ;  and  the  inspector  so  appointed  shall  in  all  respects 
conform  to  the  requirements  of  law.  All  appointments  under  this  section 
shall  be  for  the  unexpired  term  of  four  years. 

Sec.  21.     That  the  Governor,    by  and  with  the  advice  and  consent  of  Treasurer  of  the 
the  senate,  shall  appoint  a  competent  person,    a  citizen   of  the   State  of  appointed. 
Louisiana,  to  act  as  treasurer  to*  the  said  board  of  inspectors.    The  salary 
of  the  treasurer  shall  be  two  thousand  five  hundred  dollars  per   annum. 
The  treasurer  shall  take  an  oath  faithfully  to  discharge  the  duties  of  his  Oafh  and  bond  of 
office,  and  shall  give  bond,  with  two  good  securities,    in    the  sum  of  ten  ^  **  ««as«ier- 
thousand  dollars  each,  for  the  faithful  performance  of  the  duties  of  his 
office,    said   bond  to   be   approved  by    the  secretary  of  State,  and  each 
security  to  make  oath  that  he  is  worth,    over    and   above   all   his  debts, 
the  amount  for  which  he  is  security.     In   case  of  a  vacancy  in  said  office 
'the  Governor  shad  supply  the  place  as  soon  as  practicable,    in  the    same 
manner  pointed  out  for  the  appointment  of  inspectors  in  case  of  vacancy. 


304  TOBACCO— INSPECTION  OP. 

Duties  of  the  Sec.  22.    That  it  shall  be  the  duty  of  the  treasurer  to  keep  the  books 

and  accounts  of  all  moneys  received  and  disbursed,  and  collect  all  fees 
and  provide  for  the  safe  keeping  of  them  ;  to  pay  all  expenses  incurred, 
all  bills  of  which  to  be  approved  by  the  board  of  inspectors.  He*8hall, 
at  the  end  of  each  month,  pay  to  each  inspector  (all  other  demands  upon 
the  treasury  being  satisfied.)  equal  portions  of  any  moneys  in  his  hands ; 
provided  that  these  payments  do  not  exceed,  to  each  inspector,  a  salary 
of^four  thousand  dollars  per  annum  at  the  close  of  each  year,  commencing 
on  the  first  day  of  November.  Should  there  be  any  balance  in  his  hands 
after  paying  the  various  clerks,  laborers,  rents  of  warehouses,  and  all 
the  expenses  of  the  inspection,  it  shall  be  appropriated  as  follows,  the 
surplus  funds  remaining  in  the  hands  of  the  treasurer  of  the  tobacco 
inspector  shall  at  the  end  of  each  year,  be  deposited  by  him  in  the  hands 
of  the  treasurer  of  the  State,  to  be  held  by  him  as  a  reserved  fund  for 
the  benefit  of  the  tobacco  trade  of  this  city,  at  the  discretion  of  the 
legislature  of  this  State  ;  and  said  fund  may  be  from  time  to  time  vested 
in  the  purchase  of  ground  and  the  erection  of  buildings  thereon  for  the  . 
storage  of  tobacco,  the  object  being  thereby  to  reduce  the  charges  on 
tobacco  brought  to  this  market  for  sale,  the  State  not  to  derive  revenue 
from  the  receipts  of  such  property,  the  legislature  having  the  power,  at 
their  discretion,  to  dispose  of  property  so  purchased,  and  buildings,  and 
reinvesting,  for  the  same  purposes,  the  amount  received,  whenever  it 
shall  be  desirable  by  the  increase  of  the  city  and  the  advanced  value  of 
Buch  property.  He  shall  furnish  to  the  State  treasurer  monthly  abstracts 
of  all  moneys  received  and  disbursed  by  him,  which  shall  be  approved 
by  the  board  of  inspectors.  The  treasurer  shall  be  prohibited  from  being 
interested  in  any  manner  in  the  warehouses,  as  before  provided.  For 
any  wilful  violation  of  the  duties  of  his  office,  he  may  be  proceeded 
against  by  information  or  indictment,  and  on  convinction  shall  be 
deprived  of  his  office  and  fined  not  less  than  five  hundred  nor  more  than 
two  thousand  dollars.  For  any  corrupt  or  fraudulent  conduct  in  the  dis- 
charge of  the  said  office,  or  for  any  defalcation  in  the  pnyment  of  the  funds 
intrusted  to  the  said  treasurer,  upon  conviction,  he  shall  be  imprisoned 
in  the  penitentiary  not  less  than  three  months  nor  more  than  five  years. 
But  nothing  herein  shall  be  so  cor.strued  as  to  exempt  the  treasurer 
from  liability  in  civil  suits  for  damages  or  loss  any  party  may  have 
sustained  by  his  neglect  or  wrongful  act. 

Books  kept  by  the      Seo.  23.     That  the  books   required  ^  be  kept  by  the  treasurer,  the 

board  and  treas-  jj^gard  of  inspectors,  and  the  clerks  of  the  warehouses  shall  at   all   times 

urer  open  for  in.  r  ^ 

epection.  be  accessible  for  examination  by  the  executive  officer  of  this  State,  and 

all  persons  interested,  and  all  the   entries   shall   be  evidence  agains£  the 

inspectors  and  the  officers  keeping  them,  in  civil  and  criminal  cases. 

No  charge  upon       Sec.  24.     That  nothing  herein  shall  be  so  construed   as  to  authorize 

*^®.^f(^r*'ji,V*^"^f  any  charge  upon  the  treassury   of  the   State  for   any    of  the  salaries  or 

the  fees  and  snla-  expenses,  the  fees  of  inspection  being  the  fund  out  of  which  they  are  to 
rl-'o  bf-rein  men-  ,  .  , 

tioned.  be  paid. 

Deputy  inspec-  Sec.  25.     That  in  case  either  of  the  inspectors   shall  be  unable  to 

^^"'  attend  to  his  duties  on  account  of  sickness,  he   may  nominate  a  deputy 

to  the  board,  who,  if  accepted  by  the  majority  of  said  board,  shall  do 


TREASURER. 


305 


and  perform,  for  a  term  not  longer  than  forty-five  days,   the  dtities  of  % 

said  principal  inspector,    he  being  responsible  for  all  the  acts   of  said 
deputy.  * 

Sec.  26.     That  all  laws  contrary  to  the  provisions  of  this  act,   and  all  Certain  laws  re- 
laws  on  the  same  subject-matter,    except  what  is  contained  in  the  Civil 
Code  and  Code  of  Practice,  be  repealed.     Acts  of  1855,  p.  458. 


TREASURER. 


An  Ordinance  regulating  the  Treasurer's  Department. 

No.  862.  (1.)  The  treasurer  shall  receive  and  safely  keep  in  Moneys,  bills  re» 
such  bank  as  the  common  council  shall  elect,  all  moneys,  bills 
receivable,  dues  and  assets  belonging  to  the  city,  except  all 
moneys  received  by  him  from  the  consolidated  loan  tax,  and  taxes 
for  the  payment  of  interest  on  bonds  issued  to  railroad  compa- 
nies in  which  the  city  is  a  stockholder. 

No.  863.     (2.)    He   shall   deposit   daily,   in   said  bank,    all  To  deposit  daily; 
moneys,  bills  receivable,  dues  and  assets  belonging  to  the  city,  re- 
ceived by  him,  except  as  before  excepted. 

No.  864.    (3.)  He  shall  pay  on  the  warrant  of  the  comptroller,  AVhentopay 
and  by  checks  drawn  to  order,  countersigned  by  the  said  comptrol-  ' 

ler,  or  in  the  case  of  said  comptroller's  sickness  or  absence,  counter- 
signed by  his  deputy,  all  claims  against  the  city,  which  the  com- 
mon council  may  authorize;  and  in  no  case  shall  he  pay  any 
claims  whatever  against  the  city,  except  in  the  manner  herein 
set  forth. 

No.  865.     (4.)  He  shall  keep  a  check   book,  in   which  the  Check  book. 
daily   deposits  of  money  made  by   him  shall  fully  appear;  and 
he  shall  each  day,  deduct  therefrom  the  amount  of  the  checks 
drawn  by  him,  so  that  the  balance  in  bank  in  favor  of  the  city, 
shall  at  all  times  appear  upon  the  margin  of  said  check  book. 

No.  866.     (5.)  He  shall  take  a  receipt  from  each  person  in  Receipts, 
whose  favor   he  draws  a  check  upon  the  money  of  the  city,  de- 
posited as  above  set  forth ;  which  receipt  shall  fully  and  clearly 
state  the  consideration  for  which  the  check  receipted  for  was 
given. 

No.  867.  (6.)  He  shall  balance   his   check-book,  bank-book,  Books  to  be 
cash-book,  and  accounts  with  the  comptroller  weekly.  balanced,  e 

No.  868.     (7.)  He  shall  cancel  each  week,  and  in  the  pres- To  cancel  claims, 

ence  of  the  chairman  of  the  finance  committees  of  the  common 
39 


306  TREASURER. 

council,*  all  warrants  and  evidences  of  claims  against  tlie  city 
which  shall  have  been  paid  by  him. 
His  books,  etc.  No.  869.  (8.)  He  shall  keep  the  books  prescribed,  and  in  the 
form  prescribed  by  the  comptroller  and  the  chairman  of  the 
finance  committees  of  the  common  council ;  and  all  books  kept 
by  him,  including  his  check-book,  bank-book,  cash-book,  and  all 
returned  checks  and  warrants,  and  evidences  of  claims  against 
the  city  paid  by  him,  and  all  receipts  taken  by  him,  shall  be  at 
all  times  subject  to  the  inspection  of  the  mayor,  the  comptroller, 
and  the  chairmen  and  members  of  the  finance  committees  of  the 
common  council. 
His  reports.  No.  870.     (9.)  He  shall  furnish  the  comptroller  with  a  daily 

report,  in  writing,  of  the  receipts  and  expenditures,  and  all  the 
fiscal  transactions  of  his  office;  and  shall  lay  before  each  board 
of  the  common  council,  at  their  regular  weekly  meetings,  a  de- 
tailed report  of  the  same. 
Money  for  con-  •  No.  871.  (10.)  He  shall  deposit  daily  in  the  bank  chosen 
tax.  etc.  by  the  common  council  as  the  fiscal  agent  of  the  city,  all  moneys 

received  by  him  on  account  of  the  consolidated  loan  tax,  taxes 
for  the  payment  of  interest  on  bonds  issued  to  railroad  compa- 
nies, and  dividends  received  from  railroad  companies  in  which 
the  city  is  a  stockholder.  The  sums  thus  deposited  by  him  shall 
be  entered  in  separate  bank-books,  each  designating  the  specific 
fund  for  which  such  deposite  is  made.  And  he  shall  state  said 
collections  and  deposits  in  his  daily  reports  to  the  comptroller, 
and  in  his  weekly  reports  to  the  common  council. 
His  signature.  '1  No.  872.  (H.)  In  all  cases  where  his  signature  is  required  to 
any  account,  warrant,  order,  check,  receipt,  license,  bond,  tax 
receipt,  or  any  other  document  or  paper,  he  shall  sign  the  same 
in  his  own  proper  handv^riting ;  and  in  no  case  shall  he  use  a 
stamp,  or  types,  or  any  engraved  instrument  for  that  purpose. 
Notice  to  tax  No.  873.     (12.)  He  shall  every  year,  by  notice  given  in  the 

payers.  official  journal  of  the  city  for  fifteen  days  prior  to  the  first  day  of 

March  in  each  year,  notify  the  tax  payers  to  appear  at  his  office 
and  pay  the  amount  of  their  taxes. 
Unpaid  bills  for      No.  874.     (13.)  He  shall  on   the  second  Monday  in  May  in 
each  year,   put  in  suit  in  any  court  or  courts  of  competent  juris- 
diction, all  unpaid  bills  for  taxes  levied  upon  property  assessed  in 
the  several  districts  in  this  city. 
Bills  to  assistant      No.  875.     (14.)  He  shall  hand  over  to  the  assistant  city  at- 
ci  y  a  torney.       ^Qj-jjey^  all  bills  for  fines,    penalties,  dues  or  licenses  designated 
and    intended   by  sections  103,  104,  105  and  108,  of  the  city 


TREASURER.  307 

charter,  (approved  20tli  March,  1856,)  whenever  the  same  shall 
accrue  or  be  exigible  by  the  provisions  of  said  charter.  And  he 
shall  take  said  attorney's  receipt  therefor. 

No.  876.  (15.)  He  shall  deposit  in  bank,  and  account  for  all  Certain  deposits. 
moneys  paid  into  the  city  treasury,  as  the  proceeds  of  any  sale  or 
sales  of  property  made  by  virtue  of  section  111  of  the  city  char- 
ter, over  and  above  the  taxes  due  thereon,  with  costs,  in  the  same 
manner  as  he  is  required  to  deposit  and  account  for  the  ordinary 
revenues  of  the  city. 

No.  877.     (16.)  He  shall   perform  all  such  other  duties  as  other  duties, 
may  be  imposed  upon  him  by  the  common  council. 

No.  878.     (17.)  He  shall,  before  entering  upon  the  duties  of  oath  and  bond, 
his  office,  take  the    oath  required  by  the  city  charter,  and  shall 
furnish  bond   for  the  faithful  performance  of  the  duties  of  his 
office,  in  the  sum  of  fifty  thousand  dollars,  with  one  or  more  sol- 
vent sureties  to  the  satisfaction  of  the  common  council. 

No.  879.     (18.)  He  shall  receive  a  salary  of  five  thousand  His  salary, 
dollars  per  annum  for  his  services. 

No.  880.     (19.)  He  shall  appoint  by  and  with  the  advice  and  Clerks,  etc. 
consent  of  the  board  of  aldermen,  the  following  clerks,  for  whose 
acts  he  shall  be  responsible  to  the  city,  viz : 

One  assistant  treasurer,  who  shall  give  abend  to -said  treasurer, 
for  his  faithful  performance  of  his  duties,  in  the  sum  of  ten 
thousand  dollars  with  good  and  solvent  surety  or  sureties  to  the 
satisfaction  of  said  treasurer.  •  Said  assistant  treasurer  shall  re- 
ceive an  annual  salary  of  two  thousand  four  hundred  dollars. 

2.  One  bookkeeper,  who  shall  receive  a  salary  of  fifteen  hun- 
dred dollars  per  annum. 

3.  Two  clerks  for  the  issue  of  licenses,  etc.,  who  shall  each 
receive  an  annual  salary  of  twelve  hundred  dollars. 

4.  One  assistant  clerk  who  shall  receive  an  annual  salary  of 
nine  hundred  dollars. 

5.  One  clSrk,  as  runner,  etc.,  who  shall  receive  an  annual 
salary  of  four  hundred  and  eighty  dollars. 

No.  881.  (20.)  During  the  period  for  the  collection  of  tax  Additional  clerks 
bills  of  each  year,  he  may  appoint,  with  the  approval  of  the 
finance  committee,  such  additional  clerks,  and  for  such  a  length 
of  time,  as  may  be  required  for  said  purpose,  at  a  salary  each 
not  exceeding  seventy-five  dollars  per  month,  and  to  be  paid  as  is 
provided  for  in  the  case  of  the  other  clerks  of  the  treasurer;  and 
said  treasurer  shall  be  held  responsible  for  the  acts  of  said  addi- 
tional clerks. 


§08  TREASURER. 

Repealing  clause.  No.  882.  (21.)  That  all  ordinances  or  parts  of  ordinances, 
contrary  to  the  provisions  of  this  ordinance  be,  and  the  same  are 
hereby  repealed.  * 

City  Ordinance,  No.  .3106.  Approved  Nov.  24th,  1856.  » 

To  receive  only      No.  883.     It  shall  not  be  lawful  for  any  treasurer  of  the  city 

money,  etc,  «  xt         /^  i  •        •  o  t  i         >  <» 

of  New  Orleans  to  receive  in  payment  of  any  tax  due  the  city  of 
New  Orleans,  for  the  payment  of  the  interest  on  the  consolidated 
debt,  or  the  interest  on  the  bonds  issued  to  any  railroad  company 
by  the  city,  anything  except  money.  That  a  printed  copy  of  this 
resolution  be  hung  in  a  conspicuous  place  in  the  office  of  the  city 
treasurer. 

City  Ordinance,  No.  2645. 

To  make  daily  No.  884.  That  it  sball  be  the  duty  of  tbe  city  treasurer  to 
eposats,  e  c.  deposit  daily,  in  the  bank  chosen  by  the  common  council  as  the 
fiscal  agent  of  the  city,  all  moneys  received  by  him  on  account  of 
the  consolidated  loan  tax,  taxes  for  the  payment  of  interest  on 
bonds  issued  to  railroad  companies,  and  dividends  received  from 
railroad  companies,  in  which  the  city  is  a  stockholder.  He  shall 
also  deposite  in  the  same  bank,  as  soon  as  said  fiscal  sgent  shall 
have  been  appointed,  all  monies  which  he  may  have  collected 
from  sources  herein  enumerated,  before  the  appointment  of  said 
fiscal  agent:  and  the  sums  thus  deposited  by  him  shall  be  en- 
tered in  separate  bank  books,  each  designating  the  special  fund 
for  which  such  deposite  is  made ;  and  he  shall  state  said  collec- 
tions and  deposits  in  his  daily  reports  to  the  comptroller,  and  in 
his  weekly  reports  to  the  common  council. 

City  Ordinance,  No.  2141,  Art.  2. 
See  "Fiscal  Agent,"  page  107. 

His -weekly  No.  885.     That  from  and  after  the  passage  of  this  resolution 

repor  s.  .^  ^^^^  ^^  ^^  ^^^^  ^^  ^^^  ^.^^  treasurer,  in  making  up  his  week- 

ly statements  to  the  common  council  of  the  receipts  and  expen- 
ditures of  the  city,  to  state  in  said  reports  where  the  balance  of 
cash  on  hand  as  shown  therein,  is  deposited.     Be  it  further 

Resolvedy  that  said  report  shall  also  exhibit  a  statement  of  the 
amount  of  bills  receiveable  on  hand  belonging  to  the  city  and 
where  the  same  are  deposited. 

City  Ordinance,  No.  2633. 

Chocks,  how  to      No.  886.     (1.)  From  and  after  the  passage  of  this  resolution 
e  drawn.  .^  ^^^^^  ^^  ^^^  ^^^^  ^^  ^^^  treasurer  of  the  city  of  New  Orleans,  in 

drawing  checks  as  treasurer  of  said  city,  to  draw  the  same  paya- 
ble to  the  order  of  the  comptroller  of  the  city,  which  check  shall 


TREASURER. 


309 


also  be  countersigned  by  the  comptroller  and  registered  by  him 
in  a  book  especially  set  apart  for  that  purpose. 

No.* 887.     (2.)  The  comptroller  of  the  city  of  New  Orleans,  check  report, 
shall  render  weekly  to  the  common  council  a  detailed  statement; 
showing  for  what  purposes  said  checks  were  drawn. 

City  Ordinance,  No.  2634. 

No.  888.     That  the  comptroller  and  treasurer  be,  and  they  are  Acting  treasurer, 
hereby  authorised  to  appoint  their  chief  clerks   as  deputies  to 
represent  them  in  cases  of  sickness  or  absence,  provided  that  said 
deputies  furnish  bond  and  security  in  the  sum  of  five  thousand 
dollars  for  the  faithful  performance  of  their  duties. 

City  Ordinance,  No.  190. 

For  Comptroller's  duties  relative  to  the  Treasury,  see  page  56. 
His  duties  relative  to  Fiscal  Agent,  see  No.  332. 
Relative  to  Taxes,  see  No.  743. 

ACTS  OF  THE  LEGISLATURE. 

Sec.  31.  That  the  treasurer  shall  receive  and  safely  keep,  in  such  Duties  and  pow- 
bank  as  the  common  council  shall,  in  joint  session,  and  within  one  week  ®^^  °^  treasurer, 
after  its  organization,  elect,  viva  voce,  all  moneys,  bills  receivable,  dues 
and  assetts  belonging  to  the  corporation;  except  all  moneys  received  by  - 
him  from  the  consolidated  loan  tax,  taxes  for  the  payment  of  interest  on 
bonds  issued  to  railroad  companies  in  which  the  city  is  a  stockholder. 
He  shall  deposit  daily,  in  said  bank,  all  moneys,  bills  receiveable,  dues 
and  asseUs,  belonging  to  the  corporation  received  by  him,  except  as  be- 
fore excepted.  He  shall  pay  on  the  warrant  of  the  comptroller,  and  by 
checks  drawn  to  order,  countersigned  by  said  comptroller,  or,  in  case 
of  said  comptroller's  absence  or  sickness,  countersigned  by  said  comp- 
troller's deputy;  all  claims  against  the  city  which  the  common  council 
may  authorise  ;  and  in  no  case  shall  the  treasurer  pay  any  claim  what- 
ever against  the  city,  except  in  the  manner  set  forth.  He  shall  keep  a 
check  book  in  which  the  daily  deposites  of  money  made  by  him  shall 
fully  appear  ;  and  he  shall,  each  day,  deduct  therefrom  the  amount  of 
the  checks  drawn  by  him,  so  that  the  balance  in  bank  in  favor  of  the 
city,  shall  at  all  times  appear  upon  the  margin  of  said  check  book.  The 
treasurer  shalPlake  a  receipt  from  each  person  in  whose  favor  he  draws 
a  check  upon  the  money  of  the  city,  deposited  as  above  set  forth;  which 
receipt  shall  fully  and  clearly  state  the  consideration  for  which  the 
check  receipted  for  was  given.  The  treasurer  shall  balance  his  check 
book,  bank  book,  cash  book,  and  accounts  with  the  comptroller,  week- 
ly ;  and  he  shall  cancel,  each  week,  and  in  the  presence  of  the  chairman 
of  the  finance  committees  of  the  common  council,  all  warrants  and  evi- 
dences of  claims  against  the  city,  which  shall  have  been   paid  by  him. 

He  shall  keep  the  books  prescribed,  and  in  the  form  prescribed,  by 
the  comptroller  and  chairman  of  the  finance  committees  of  the  common 
council ;  and  all  books  kept  by  him,  including  his  check  book,  bank 


310  TREES. 

book,  cash  book,  and  all  returned  checks,  and  warrants,  and  evidences 
of  claims  against  the  city  paid  by  him,  and  all  receipts  taken  by  him, 
shall  be  at  all  times  subject  to  the  inspection  of  the  comptroller  and 
chairman  of  the  finance  committees  of  the  common  council.  He  shall 
furnish  the  comptroller  with  a  daily  report,  in  writing,  of  the  receipts 
and  expenditures,  and  all  the  fiscal  transactions  of  his  of&ce ;  and  shall 
lay  before  the  common  council,  at  their  regular  meetings,  a  detailed  re- 
port of  the  same,  which  shall  be  published.  He  shall  deposit  daily  in 
the  bank  chosen  by  the  common  council,  as  the  fiscal  agent  of  the  city, 
all  moneys  received  by  him  on  account  of  the  consolidated  loan  tax, 
taxes  for  the  payment  of  interest  on  bonds  issued  to  railroad  companies, 
and  dividends  received  from  railroad  companies,  in  which  the  city  is  a 
stockholder ;  and  the  sums  thus  deposited  by  him  shall  be  entered  in 
separate  bank  books,  each  designating  the  specific  fund  for  which  suah 
deposit  is  made ;  and  he  shall  state  said  collections  and  deposits  in  his 
daily  reports  to  the  comptroller,  and  in  his  weekly  reports  to  the  com- 
mon council.  And  generally,  he  shall  perform  all  such  other  duties  as 
may  be  imposed  on  him  by  said  common  council.  He  shall,  before  en- 
Bond  and  eecu-  tering  on  the  duties  of  his  office,  give  bond,  in  such  sum,  and  with 
ed^by  treasurer!  such  securities  as  shall  be  approved  by  the  common  council,  for  the  faith- 
Salary  of  tretts-  ful  performance  of  his  duties  ;  and  shall  receive  for  his  services  an  an- 
nual salary  of  five  thousand  dollars. — Acts  of  1856,  p.  145. 

For  his  election  see  acts  of  1856,  page  141,  sect.  24 ;  placed  under 
"Officers,"  page  189. 

Acts  1856,  page  159,  sect.  106,  placed  under  "Revenue,"  page  250. 

For  suits  for  Taxe&  and  Licenses,  see  acts  of  1856,  page  159,  sect.  107, 
placed  under  title  of  "Revenue,"  page  251. 

See  acts  1855,  page  231. 


urer. 


TREES. 


An  Ordinance  relative  to  Trees. 


Trees  may  be  No.  889.     (1.)  Shade  trees  may  be  planted  on  the  side-walks 

p  an  ,  e  .  provided  they  do  not  impede  the  passage,  and  ar#planted  on  a 
line  with  the  street  on  which  they  are  placed,  and  two  feet  from 
the  outer  street  edge  of  the  curbing,  to  be  protected  while  small 
and  liable  to  injury,  by  boxes  one  foot  square,  painted  or  white- 
washed. .But  this  privilege  may  be  withdrawn  by  the  common 
council  whenever  such  treqs  may  injure  or  encumber  the  side- 
walk, or  street,  or  impede  the  public  passage. 
Persona  damag-  No.  890.  (2.)  All  persons  cutting,  breaking,  or  damaging  in 
mg    em.  ^^^  manner  whatever,  any  tree  or  trees,  planted  in   any  square, 

walk,  street,  or  other  public  place,  or  any  trees  planted  by  any 


VEHICLES.  311 

private  person  on  any  banquette  or  side-walk,  shall  be  fined  not 
less  than  ten  nor  more  than  fifty  dollars. 

No..  891.     (3.)  All  ordinances   or  parts  of  ordinances  con-  Repealing  clause, 
flicting  with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3170.    Approved,  Dec.  23d,  1856. 


VEHICLES. 

In  conformity  to  the  twentieth  section  of  an  act  of  the  legis- 
lature of  this  State,  entitled  ^^An  act  to  amend  an  act  entitled 
*  An  act  to  incorporate  the  city  of  New  Orleans, '  approved 
February  the  17th,  1805,  and  other  acts  amending  the  same, 
approved  March  8,  1836,''  by  which  section,  among  others,  the 
following  power  is  vested  in  the  common  council,  viz  : 

To  enact  all  police  regulations  of  a  general  nature,  the  opera- 
tions of  which  shall  be  uniform  in  all  parts  of  the  city ;  and  by 
virtue  of  other  powers,  by  law  vested  in  them,  the  common 
council  of  the  city  of  New  Orleans  ordain  as  follows,  viz : 

No.  892.  (1.)  That  no  person  shall  run,  or  cause  to  be  run.  Not  to  run  Tvith- 
within  the  limits  of  the  city,  any  coach,  gig,  buggy,  hack,  hack-  ^" 
ney  coach,  cab,  cart,  dray,  tumbril,  timber  carriage,  and  other 
carriage  or  vehicle,  let  for  hire,  for  the  transportation  of  persons, 
produce,  effects,  merchandise,  and  other  objects  generally,  what- 
ever, without  first  obtaining  a  license  therefor  from  the  mayor  of 
the  city,  for  each  of  the  above  carriages  and  vehicles,  under  the 
penalty  of  not  less  than  ten,  nor  more  than  one  hundred  dollars 
for  each  and  every  contravention  of  the  provisions  hereof. 

No.  893.  (2.)  The  mayor  shall  cause  to  be  inserted  in  a  The  mayor's  list, 
book,  which  he  shall  keep  for  that  purpose  in  his  office,  the 
names  and  christian  names  of  each  proprietor  of  carriages  and 
vehicles  above  designated ;  the  place  of  his  or  her  residence ; 
the  number  of  each  license  which  shall  be  delivered,  and  the 
designation  of  each  species  of  carriage  or  vehicle  for  which  such 
license  shall  be  delivered. 

No.  894.     (3.)  The  term  of  each  of  said  licenses  shall  expire  License  when  to 
on  the  31st  day  of  December  of  each  and  every  year,  and  must  ^^^"^' 
afterwards  be  renewed  on  or  before  the  1st  of  February  of  each 
year ;  and  any  and  all  persons  failing  so  to  renew  their  license  as' 
aforesaid,  are  hereby  prohibited  from  running  or  causing  any 
such  carriage  or  vehicle  to  be  run  as  aforesaid,  until  they  shall 


31^ 


VEStdLtJg. 


Tax  first  to 
paid. 


he 


Paid  yearly  in 
advance. 


Responsibility 
for  others. 


Numbers  to  be 
painted,  etc. 


Penalty  for  neg- 
lect, etc. 


have  renewed  tlieir  said  license,  as  is  by  the  present  ordinance 
required,  under  the  penalty  of  a  fine  of  ten  dollars  for  each  and 
every  time  he,  she  or  they  shall  run,  or  cause  to  be  run,  any  ve- 
hicle or  carriage  as  aforesaid. 

No.  895.  (4.)  No  license  shall  be  granted  by  the  mayor, 
unless  the  party  applying  for  the  same  shall  first  produce  a  re- 
ceipt or  certificate  from  the  treasurer,  stating  what  tax  or  dues 
have  been  paid. 

No.  896.  (5.)  All  taxes  now  imposed,  or  which  may  be 
hereafter  imposed  on  any  dray,  coach,  hack,  cab,  gig,  buggy, 
wagon,  cart,  and  other  carriage  or  vehicle,  shall  be  paid  yearly 
in  advance  to  the  proper  ofiicers. 

No.  897.  (6.)  Every  person  who  shall  take  out  a  license  as 
herein  before  directed,  shall  be  responsible  for  all  persons  who 
shall  run  with  his  number  or  license,  unless  a  declaration  shall 
have  been  made  by  him  before  the  mayor,  stating  the  name  of 
the  party  substituted  to  his  license,  his  residence  ;  and  such  per- 
son so  substituted  shall  be  bound  in  the  same  manner  as  if  he 
had  taken  out  such  license  in  the  first  instance ;  and  every  per- 
son contravening  shall  pay  a  fine  of  from  ten  to  twenty-five 
dollars  for  each  and  every  contravention. 

No.  898.  (7.)  Each  and  every  person  taking  out  a  license 
for  the  running  of  any  dray,  cart,  tumbril,  wagon,  timber  cart, 
furniture  car,  bread  or  brick  cart,  or  other  carriage  or  vehicle, 
let  for  hire,  for  transportation  of  produce,  effects,  merchandise 
and  other  objects  generally,  shall,  before  running  the  same,  cause 
the  number  of  said  license  to  be  painted  in  white  figures  on  tin 
or  iron  plates,  painted  black  in  oil,  each  figure  to  be  at  least  two 
inches  high,  in  Arabic  characters,  and  placed  on  each  shaft  of 
such  cart  or  dray,  as  aforesaid ;  and  must  also  cause  such  num- 
bers to  be  branded  by  the  proper  officer  on  each  shaft  of  such 
dray ;  and  all  carriages,  cabs,  etc.,  as  aforesaid,  shall  have  the 
number  of  their  license  painted  on  the  lamps,  in  figures  at  least 
two  inches  high  -,  and  every  person  contravening  to  this  article, 
shall  pay  a  fine  of  ten  dollars  for  each  contravention,  besides  a 
fine  of  fifteen  dollars  for  each  week  that  he  or  they  shall  con- 
tinue to  keep  for  hire  or  let  any  of  said  carts,  drays,  etc.,  aforesaid, 
without  their  being  so  numbered  and  branded  as  aforesaid. 

No.  899.  (8.)  Any  person  who  shall  run,  or  cause  to  be  run, 
within  the  limits  of  this  city,  any  dray,  cart,  cab,  hack  or  other 
carriage  or  vehicle  whatever,  with  false  numbers,  or  who  shall 
have  affixed  the  same  number  to  two  or  more  vehicles,  shall  pay 


VEHICLES.  313 

a  fine  of  not  less  than  ten  dollars,  and  not  more  than  one  hun- 
dred dollars,  for  each  offense. 

No.  900.     (9.)  That  the  present  and  future  contractors  for  Branding 
branding  drays,  carts  or  other  vehicles,  as  is  required  by  this 
ordinance,  shall  receive  compensation  according  to  the  terms  of 
their  several  contracts,  for  each  vehicle  so  branded,  which  sum 
shall  be  paid  by  the  owner  of  such  vehicle. 

No.  901.  (10.)  No  dray,  cart,  or  other  vehicle  whatever  Contractors  on'y 
shall  be  branded  except  by  the  contractor  or  contractors  for  said 
purpose ;  and  any  person  branding,  or  causing  to  be  branded, 
any  dray,  cart  or  other  vehicle  other  than  by  said  contractor  or 
contractors,  shall  pay  a  fine  of  one  hundred  dollars  for  each 
contravention. 

No.  902.  (11.)  Whenever  the  number  of  any  dray,  cart.  Defaced  numbers 
cab,  coach,  hack  or  other  carriage  or  vehicle  shall  be  erased  or 
defaced  by  time  or  some  other  causes,  so  that  it  cannot  be  dis- 
tinctly decyphered,  the  owner  of  such  vehicle  aforesaid  shall 
have  his  number  immediately  reinstated ;  and  in  case  of  his 
neglect  or  refusal  so  to  do,  he  shall  pay  a  fine  of  from  ten  to 
twenty-five  dollars  for  each  and  every  contravention  of  this  arti- 
cle, or  be  imprisoned  from  seven  to  fourteen  days.' 

No.  903.  (12.)  Any  drayman,  carter,  or  other  driver  of  any  Fast  driving, 
cart,  dray,  wagon,  tumbril,  lumber  cart,  wood  cart,  brick  cart,  or 
other  vehicle  whatever,  public  or  private,  who  shall  be  guilty  of 
running  his  horse  or  horses,  mule  or  mules,  through  any  of  the 
streets  of  the  city  of  New  Orleans,  or  driving  at  a  faster  gait 
when  loaded  than  a  walk,  and  when  not  loaded  at  a  greater  speed 
than  a  stow  trot  or  pace,  or  shall  turn  any  corner  faster  than  a 
walk,  shall  be  arrested  and  caused  to  pay  a  fine  at  the  recorder's 
office  of  either  of  the  districts  of  this  city,  of  from  ten  to  twenty- 
five  dollars  for  each  off'ense;  and  in  default  of  payment  of  the 
above  fine  the  said  driver  shall  be  imprisoned  for  a  term  of  not 
less  than  seven  nor  more  than  fourteen  days,  if  such  driver  shall 
be  a  free  person;  if  a  slave,  he  shall  receive  ten  lashes,  unless  the 
fine  imposed  by  this  article  be  paid  by  the  owner  of  said  slave. 
And  it  shall  be  the  duty  of  the  chief  of  police  to  place  a  com- 
petent force  on  the  principal  thoroughfares  of  this  city,  to  enforce 
the  provisions  of  the  above  ordinance,  and  it  shall  be  the  duty 
of  the  officer  making  such  arrest  to  have  the  vehicle  and  animal 
or  animals  placed  in  the  nearest  city  pound  for  safety  until  called 
for  by  the  owner. 
40 


SU  VEHICLES. 

whnt  vehicles  in-  No.  904.  (13.)  All  owners  or  drivers  of  carts  or  wagons,  or 
other  vehicles  used  in  selling,  conveying  brick,  bread,  beer,  por- 
ter, ale,  water,  etc.,  within  the  limits  of  the  city,  shall  be,  and 
are  hereby  declared  to  be,  liable  to  the  same  regulations  and  lia- 
bilities as  the  owners  and  drivers  of  drays,  carts,  etc.,  are  by  the  . 
present  ordinances,  and  they  are  expressly  forbidden  to  drive 
through  any  of  the  streets  or  roads  of  the  city  at  a  greater  speed 
than  a  slow  trot,  or  turn  the  corner  of  a  street  or  road  at  a  gait 
faster  than  a  walk,  under  the  penalties  add  fines  prescribed  in  the 
preceding  article. 

Road  regulations  No.  905.  (14.)  It  shall  be  the  duty  of  all  draymen,  carters, 
coachmen,  and  all  other  drivers  or  persons  driving  any  coach, 
carnage,  cab,  hack,  gig,  buggy,  wagon,  dray,  cart,  tumbril,  or 
other  vehicle  whatever,  whenever  meeting  any  other  carriage  or 
vehicle,  or  any  person  on  horseback,  to  take  the  right  side  of  the 
street  or  road  they  may  be  in  until  such  carriage  or  vehicle  or 
person  on  horseback  shall  have  passed,  or  until  they  have  passed 
such  carriage  or  person,  and  any  person  failing  so  to  do,  or  in 
any  manner  contravening  against  this  article,  shall  pay  a  tine  of 
not  less  than  five,  nor  more  than  twenty-five  dollars,  if  a  free 
person,  and  if  a  slave  he  shall  not  receive  less  than  ten  nor  more 
than  twenty -five  lashes,  unless  the  fine  imposed  by  this  article  be 
paid  J^y  the  owner  of  said  slave,  without  prejudice  to  the  re- 
covery of  damages  by  persons  who  may  have,  sustained  them. 

A^ridfiTits  caused  No.  906.  (15.)  That  if  any  accident  or  injury  shall  happen 
\)y  TtUicios.  Qjj  account  of  any  drayman  or  cartman,  horse  or  horses,  mule  or 
mules,  dray,  cart,  coach,  cab,  gig,  buggy  or  other  carriage  what- 
ever, while  running,  coming  in  contact  with  any  peiso^i,  it  shall 
be  the  duty  of  such  coachman,  drayman,  carter  or  other  driver 
to  stop  and  to  render  assistance,  if  necessary,  and  to  give  his 
name  or  that  of  his  master,  and  place  of  abode,  and  number  of 
his  carriage  or  vehicle,  and  in  default  thereof,  he  shall  pay  a  fine 
of  from  ten  to  twenty-five  dollars,  or  be  imprisoned  from  seven 
to  fourteen  days  if  free,  or  shall  receive  twenty-five  lashes  if  a 
slave,  unless  the  owner  of  said  slave  shall  pay  the  fine  imposed 
by  this  article. 
Tpfn^ni  to  ti-fltiF.  No.  907.  (16.)  Carters,  draymen,  etc.,  shall  not,  under  any 
rtna  uiwichauu.so  p^g^g^^  whatever,  when  unemployed,  refuse  to  transport  mer- 
chandise and  any  other  articles  whatever,  on  payment  of  the 
legal  dues,  under  penalty  of  a  fine  of  five  dollars  for  each  con- 
travention. 


VEHICLES.  815 

No.  908.    (17.)  It  stall  not  be  lawful  for  any  dray,  cart,  or  otlier  What  constitute! 
vehicle,  to  transport  in  any  of  the  streets  or  roads  of  the  city,  at 
one  time,  a  greater  load  of  one  article  than  is  fixed  by  the  fol- 
lowing scale,  viz  : 

Five  bales  cotton. 

One  hogshead  tobacco. 

One  hogshead  or  five  barrels  of  sugar. 

Three  barrels  molasses. 

Ten  sacks  of  005*06. 

Five  barrels  of  pork,  or  other  salt  provisions. 

Eight  barrels  flour. 

Five  barrels  or  twenty  kegs  lard. 

Sixteen  sacks  corn. 

Ten  barrels  coal. 

Sixt33a  lfj|;5  nails. 

Two  cask^acon. 

Eight  sacks  salt. 

Two  casks  flaxseed. 

Ten  barrels  apples. 

Ten  barrels  potatoes. 

Eight  barrels  or  four  tierces  hams. 

Twenty  sacks  oats. 

Two  tierces  rice. 

Ten  coils  bale  rope. 

Twenty  pieces  bagging. 

Eight  barrels  loaf  sugar. 

Five  barrels  mackerel. 

Five  bales  hay. 

Ten  boxes  or  butts  of  tobacco. 

Five  barrels  tar. 

Five  barrels  rosin. 

One  pipe  brandy. 

Two  casks  wine  or  other  liquor. 

Four  barrels  whisky  or  other  liquor. 

Twenty  pigs  lead. 

Five  hundred  feet  lumber  on  carts  drawn  by  one  horse, 
and  fourteen  hundred  feet  on  carts  drawn  by  two  or  more 
horses. 

When  hauled  by  tumbrils  or  on  timber  wheels,  the  loads  shall 
not  be  greater  than  the  following,  viz  : 

Sixteen  hundred  feet  pine  or  cypress  lumber. 

Twelve  bars  railroad  iron. 


3 16  VEHICLES. 

Five  hundred  pound  granite^  or  marble,  or  other  articles  of  a 
like  nature. 

With  the  further  privilege  of  hauling  on  a  dray  drawn  by  one 
animal,  fifteen  hundred  pounds,  and  when  drawn  by  two  animals, 
twenty-five  hundred  pounds. 

Forbi'iden  to  No.  909.     (18.)  Evory  drayman,  cartman,   or  other  driver  of 

any  dray,  cart,  wagon,  car,  or  other  vehicle,  is  expressly  forbid- 
den, when  driving  through  any  of  the  streets  or  roads  of  said 
city,  to  leave  their  seats  or  quit  hold  of  their  reins,  under  penal- 
ty of  a  fine  of  ten  dollars  for  each  contravention,  if  such  driver 
be  free,  and  if  a  slave  he  shall  receive  ten  lashes,  unless  his 
master  prefers  paying  said  fine. 

Penalty.  No.  910.     (19.)  It  shall  be  lawful  for   any  person  to  arrest 

and  stop  any  dray,  cart,  wagon,  coach,  cab,  or  other  carriage  or 
vehicle,  found  in  contravention  or  violation  of  aiMt^of  the  pro- 
visions of  this  ordinance,  and  to  conduct  the  same  to  the  ofiice  of 
the  recorder  of  the  district  wherein  such  carriage,  dray,  cart  or 
other  vehicle  may  be  found  in  contravention. 

Drivers  using  No.  911.     (20.)  Any  proprietor,   owner,  or  driver  of  a  dray, 

cart,  hack,  cab,  carriage',  or  any  other  vehicle  whatever,  who 
shall  use  violence  or  insulting  language,  or  who  shall  oppose  an 
unlawful  resistance  to  any  of  his  passengers  or  employers,  or  to 
any  of  the  citizens,  shall,  on  conviction  thereof,  pay  a  fine  of 
twenty-five  to  one  hundred  dollars ;  and  if  such  driver  be  a  slave, 
he  shall  receive  twenty-five  lashes. 

See  No.  546. 

Competent  court.  No.  912.  (21.)  The  fines  imposed  by  the  present  ordinance 
shall  be  recovered  before  any  recorder's  court,  justice  of  the 
peace,  or  any  court  in  this  city  having  jurisdiction,  for  the  bene- 
fit of  the  city. 

Printing  of  this  No.  913.  (22.)  .The  mayor  shall  cause  such  articles  of  the 
present  ordinance  relating  to  hacks,  cabs,  coaches  and  carriages, 
to  be  printed  in  the  French  and  English  languages,  on  the  back 
of  each  license  delivered  by  him  to  owners  of  hacks,  cabs  or 
carriages ;  and  on  the  license  delivered  to  the  owners  of  drays, 
carts,  tumbrils,  wagons,  etc.,  he  shall  cause  to  be  printed  such 
articles  of  this  ordinance  as  relate  to  drays,  carts,  tumbrils,  etc. 

Wi-Titohaye  No.  914.     (23.)  This  ordinance  shall   have^  full   force   and 

efi"ect   and  shall  go  into  operation  immediately  after  its  adoption. 

B.anding.  No.  915.     (24.)  That  from  and  after  the  adoption  of  this  or- 

dinance, the  owner  of  every  dray,  cart,  furniture  cart,  tumbril, 
^tC;  shall  have  the  last  numeral  of  the  year   that  he  may  take 


VEHICLES.  317 

out  a  license,  branded  in  a  circle  on  each  shaft,  by  the  contractor, 
under  penalty  of  a  fine  of  from  ten  to  twenty-five  dollars  for  each 
and  every  contravention,  recoverable  before  any  of  the  recorders, 
or  any  court  of  competent  jurisdiction,  for  the  benefit  of  the  city. 

No.  916.     (25.)  All  ordinances  or  parts  of  ordinances,  con-  Repealing  clause, 
trary  to  or  inconsistent  with  the  provisions  of  this  ordinance  be, 
and  the  same  are  repealed. 

City  Ordinance,  No.  1913.  Approved  Dec.  22, 1854. 
For  Teliicles  on  the  canal  landings,  see  No.  119. 
For  couveyance  of  gunpowder,  see  No.  352. 

No.  917.     Every  omnibus  shall  be  numbered  in  a  conspicu-  Omnibuses  to  b© 

1  A     1  T  •  1  /.       numbered. 

ous  place,  the  number  to  be  oi  the  same  dimensions  as  those  tor 
a  dray  ;  and  every  omnibus  shall  have  lamps ;  and  for  every  con- 
travention of  this  section,  the  owner  thereof  shall  pay  a  fine  of 
twenty-five  dollars. 

City  Ordinance,  No.  3124,  sec.  67. 

No.  918.  All  drays,  carts,  omnibuses,  trucks,  and  timber- vehicles  to  be 
wheels  and  wagons,  shall  be  branded  with  their  number,  and  the 
last  numeral  of  the  year  in  a  circle ;  provided,  that  owners  of 
grocery,  express,  baggage  and  other  private  wagons  shall  not  be 
compelled  to  have  the  same  branded  and  numbered,  but  must 
have  their  name  and  residence  painted  in  full  on  each  side  of 
said  vehicle. 

City  Ordinance,  No.  3124,  sec.  69. 

No.  919.  From  and  after  the  passage  of  this  ordinance,  no  Vehicles  on 
cart,  dray,  or  other  vehicle,  shall  remain  idly  on  the  wooden  part 
of  any  of  the  wharves  of  the  city,  under  a  penalty  of  five  dollars 
for  each  offense ;  and  it  shall  be  the  duty  of  the  wharfingers  to 
order  off,  from  said  wooden  parts  of  any  of  the  whales,  all  or 
any  idle  cart,  dray  or  other  vehicle  encumbering  said  wharves; 
and  should  the  person  or  persons,  thus  ordered,  refuse  to  obey, 
the  said  wharfinger  shall  cause  to  be  arrested  the  person  or  per- 
sons thus  contravening,  and  fined  as  afore-mentioned,  which  fine 
shall  be  recoverable  before  any  court  of  competent  jurisdiction, 
for  the  use  of  the  city. 

City  Ordinance,  No.  2577. 

For  vehicles  in  cemeteries,  see  No.  137. 

No.  920.     That  all  ordinances  and  resolutions  now  in  force.  Requisite  resi- 
requiring  that  a  person  should  have  resided  six  months  in  a  dis- 
trict before  he  can  obtain  a  license  from  the  msCyor  to  run  a  pub- 
lic or  private  vehicle  in  the  city,  such  as  a  dray,  cart,  truck,  cab, 


dence. 


SIS  VEHICLES. 

hack,  or  of  any  other  description,  be,  and  the  same  are  hereby 
repealed. 

City  Ordinance,  No.  1859, 

City  cartp,  No.  921.     All  carts  employed  otherwise  than  temporarily  by 

the  street  commissioner,  the  city  surveyor,  or  by  the  contractors 
for  cleaning  the  streets,  shall  have  plates  affixed  on  each  side  of 
them,  on  which  shall  be  painted  with  legible  letters,  the  words 
^'  city  carts,"  under  a  penalty  of  five  dollars  for  each  offense,  re- 
coverable  before  any  court  of  competent  jurisdiction,  for  the  use 
of  the  city;  and  no  cart  whilst  carrying  such  plates  thereon, 
shall  be  used  for  private  purposes,,  under  a  penalty  of  ten  dollars, 
recoverable  as  aforesaid. 

City  Ordinance,  No.  1823. 

Driving  on  cer-      No.  922.    ()-)  T.t  shall  uot  be  lawful  for  any  person  or  persons  to 
n  ge.e  c.  ^.^^  ^^  drive  over  the  bridge  across  the  Bayou  St.  John,  nor  any 
of  the  bridges  across  the  Canal  Carondelet  or  any  other  canal,  at 
a  faster  gait  than  a  walk,  under  the  penalty  of  a  fine  of  not  less 
than  five,  nor  more  than  twenty-five  dollars  for  each  offense,  re- 
coverable before  any  competent  court. 
Ordinance  to  be      No.  923.     (2.)  Copies  of  this  ordinance  shall   be  posted  on 
posted,  etc.         ^-^^  ^^^^  conspicuous  placcs  on  said  bridges.  It  shall  be  the  duty 
of  the  keepers  of  said  bridges  to  keep  the  same  so  posted,  under 
a  penalty  of  five  dollars  for  each  and  every  day  they  shall  neglect 
so  to  do. 

Duty  of  police,  No.  924.  (3.)  It  shall  be  the  duty  of  all  police  officers,  po- 
licemen and  watchmen,  and  the  keepers  of  said  bridges  to  see 
that  the  present  ordinance  be  enforced,  and  to  report  all  infrac- 
tions thereof  to  the  recorder  of  the  district  wherein  the  same 
"may  take  j^ace,  under  the  penalty  of  dismissal. 

Amended.    See  Nos.  926  and  927,  (Ordinance  3012,  below,) 

Repealing  clause.  No.  925.  (4.)  That  all  Ordinances  or  parts  of  Ordinances  con- 
trary to  the  present  be,  and  are  hereby  repealed. 

City  Ordinance,  No,  2920.    Approved  July  18,  1856. 

Amending  No.  No.  926.  (1.)  It  shall  be  the  duty  of  all  police  officers,  po- 
licemen and  watchmen  to  arrest  all  persons  who  may  violate  any 
of  the  provisions  of  the  ordinance  to  which  the  present  is  sup- 
plementary, and  take  such  person  or^  persons  before  the  recorder 
of  the  district  wherein  the  offense  may  be  committed,  and  upon 
due  proof  being  made,  such  offender  shall  be  condemned  to  pay 
the  fine  or  penalty  imposed  by  said  ordinance. 


922. 


VEHICLES.  319 

No.  927.     (2.)    That    the   surveyor  be,  and  he  is   hereby  Surveyor's  duty, 
instructed  to  cause  to  be  painted  in  large  letters,  on  some  con- 
spicuous portion  of  each  bridge,  the  penalty  for  fast  driving  over 
said  bridges,  in  accordance  with  said  ordinance. 

City  Ordinance,  No.  3012.     Approved  Aug.  22d,  1856. 

No.  928.     (1.)  From  and  after  the  passasre  of  this  ordinance,  Vehicle  Ptationa 

1  T  .  o  IT  11-  J'        ^        n     ^  first  district. 

the  stands  or  stations  for  public  cabs  and  carriages,  tor  the  nrst 
district  of  the  city  of  New  Orleans,  shall  be  as  follows  :  On  either 
side  and  around  Lafayette  Square,  comprising  Camp,  North, 
South  and  St.  Charles  streets — that  is  to  say,  to  stand  next  the 
sidewalk  around  and  adjoining  said  square  ;  on  either  side  of  St. 
Charles  street,  from  Pbydras  to  Canal  streets  ;  on  the  north  side 
of  Common,  in  front  of  the  City  hotel  bar  room,  also  in  front  of 
the  Verandah  bar  room  ;  on  the  south  side  of  Common  street, 
from  the  corner  of  St.  Charles  to  the  extent  of  the  limits  of  the 
St.  Charles  hotel ;  and  on  the  north  and  south  sides  of  Canal, 
from  the  corner  of  St.  Charles  street  to  the  swamp:  provided,  that 
all  proprietors  of  hotels,  storekeepers  and  owners  and  occupants  of 
dwelling  houses  shall  make  no  objection  to  any  public  cab  or 
carriage  to  occupy  such  stand  in  front  of  his  or  their  property  or 
dwelling  as  aforesaid. 

No.  929.  (2.)  The  stand  or  station  for  the  second  district  of  stations  second 
the  city  of  New  Orleans,  for  the  public  cabs  and  carriages,  shall 
be  as  follows  :  On  the  south  side  of  Canal,  from  the  corner  of 
Royal  street  to  the  Swamp,  next  the  neutral  ground ;  on  the  north 
side  of  St.  Louis  from  the  corner  of  Chartres  street,  in  front  of 
the  St.  Louis  Exchange  hotel ;  also,  on  either  side  and  around 
Jackson  Square,  next  the  sidewalk  adjoining  said  square,  viz  :  on 
St.  Peter,  St.  Ann  and  Chartres  streets:  provided,  that  all  owners, 
proprietors  of  hotels,  storekeepers  and  occupants  of  private  dwell- 
ings shall  make  no  objection  to  any  owner  or  driver  of  any  cab  or 
carriage  to  occupy  said  stand  in  front  of  their  property  as  aforesaid. 

No.  930.  (3.)  The  stand  or  station  for  the  third  district  of  stations  third 
the  city  of  New  Orleans,  for  public  cabs  and  carriages,  shall  be 
as  follows,  viz  :  On  the  west  side  of  Elysian  Fields  street,  from 
Victory  to  Levee  streets ;  provided  said  cabs,  carriages,  etc.,  shall 
not  prevent  the  ingress  and  egress  to  and  from  all  buildings  on 
the  street  aforesaid ;  also,  on  either  side  and  around  Washington 
Square,  next  the  sidewalk  on  said  square;  provided,  all  proprie- 
tors of  hotels,  storekeepers,  and  owners  of  property,  or  tenants 
shall  make  no  objection  to  any  driver  or  own'er  of  any  cab  or  car- 
riage to  occupy  a  stand  in  front  of  said  property  as  aforesaid. 


325 


VEHICLES. 


Their  positions 
at  stands. 


No.  93L     (4.)  All  owners  or  drivers  of  public  cabs  or  car- 
Pennityforuging  nap^es,  who  sliall  stoD  or  stand,  or  attempt  to  stand,  other  than 

other  stands.  ^     '  ,  ^  .  ^  ^ 

for  the  immediate  purpose  of  letting  out  or  taking  in  a  passenger 
or  passengers,  other  than  on  the  foregoing  named  places  in  the 
first,  second  and  third  sections  of  this  ordinance,  shall  be  liable 
to  a  penalty  of  not  less  than  twenty-five  dollars  for  each  and  every 
ofi"ense,  recoverable  before  any  court  of  competent  jurisdiction, 
for  the  benefit  of  the  city. 

No.  932.  (5.)  It  shall  be  the  duty  of  all  owners  or  drivers 
of  public  cabs  and  carriages  to  leave  a  space  between  each  inter- 
section or  crossing  of  any  street  or  streets  on  which  they  are  per- 
mitted to  stand,  of  at  least  fifteen  feet  between  said  cab  and  the 
crossing  or  intersection  of  said  stand  or  streets ;  and  further,  they 
shall  be  arranged  in  single  lines,  in  rotation ;  and  in  case  of 
the  removal  of  any  cab  or  carriage,  the  next  following  shall  be 
entitled  to  occupy  said  vacancy  occurring  from  said  removal ;  and 
any  owner  or  driver  of  any  public  cab  or  carriage  who  shall  vio- 
late any  of  the  provisons  of  this  section  of  the  ordinance,  shall  be 
liable  to  a  fine  of  twenty-five  dollars  for  each  off"ense,  recoverable 
as  aforesaid. 

No.  933.  .  (6.)  It  shall  not  be  lawful  for  any  owner  of  any 
public  cab  or  carriage  to  drive,  or  cause  to  be  driven,  any  cab  or 
carriage  by  any  person  under  fifteen  years  of  age,  within  the  lim- 
its of  the  city ;  nor  shall  it  be  lawful  to  employ  more  than  one 
person  to  drive  any  cab  or  carriage,  or  to  ride  upon  the  seat  or 
box  of  said  cab  or  carriage^  unless  a  passenger ;  nor  shall  it  be 
lawful  for  any  owner  or  driver  of  any  cab  or  carriage  to  leave  his 
•or  their  cab  or  carriage,  or  be  at  a  greater  distance  than  ten  feet 
from  the  same,  under  a  penalty  of  twenty-five  dollars  for  each  and 
every  off'ense,  recoverable  as  aforesaid. 

No.  934.  (7.)  It  shall  be  the  duty  of  all  owners  or  drivers 
of  public  cabs  or  carriages,  whenever  the  contractors  or  any  others 
that  may  be  employed  to  clean,  wash,  or  scrape  any  street  or 
streets,  or  gutters,  on  which  said  cabs  or  carriages  may  be  entitled 
to  stand  or  occupy,  to  remove  the  same,  so  as  to  allow  said  work 
to  be  performed  ;  and  any  owner  or  driver  of  such  cab  or  carriage 
who  shall  refuse  to  remove  or  in  any  manner  impede  or  prevent 
the  performance  of  said  work,  shall  be  liable  to  a  fine  of  twenty- 
five  dollars  for  each  ofi'ense,  recoverable  as  aforesaid. 

Tariflf  of  charges       No.  935.     (8.)  It  shall  be  the  duty  of  all  owners  or  drivers  of 

in  cabs  and  car-         ,  ,.  ,  •  ,      i  •  .  ,  • 

riages.  public  cabs  01  camagcs  to  nave,  in  some  conspicuous  place  m 


Drirerg, 


To  remove,  to 
clean  streets. 


VEmCLES.  321 

their  cabs  or  carriages,  a  tariff  of  the  rates  of  charges  for  convey- 
ing passengers  to  and  from  any  part  of  the  city;  and  in  default, 
shall  be  liable  to  a  penalty  of  twenty-five  dollars  for  each  offense, 
recoverable  as  aforesaid. 

No.  936.     (9.)  It  shall  not  be  lawful  for  any  cab  or  carriaf^e,  'SnUo  Ptnnd  on 

^      ^  ''  °       Cliartre..  or 

dray,  cart,  or  other  vehicle,  to  stand  on  Chartres  or  Royal  streets,  Koyai  sireeis. 
from  Canal  to  Esplanade  street,  other  than  for  the   immediate 
purpose  of  loading  or  unloading,   even  with  the  consent  of  the 
property  holders  or  tenants  on  said  streets,  under  a  penalty  of  not 
less  than  twenty-five  dollars,  recoverable  as  aforesaid. 

No.  937.  (10.)  Drays,  carts,  cabs,  carriages  or  other  vehicles.  To  stand  on  cross 
shall,  with  the  consent  of  the  owners  or  tenants  of  property,  be 
allowed  to  stand  on  any  and  all  streets  perpendicular  to  the  river, 
provided  they  do  not  obstruct  said  street  or  streets,  and  to  be  sub- 
ject to  the  same  regulation,  made  and  provided  as  in  section  seven 
of  this  ordinance. 

(11. ")  It  shall  be  the  duty  of  the  chief  of  police  to  see  that  all 
the  provisions  of  the  foregoing  ordinance  relating  to  the  duty  of 
all  owners  or  drivers  of  cabs,  carriages,  drays,  carts,  and  other 
vehicles,  as  far  as  relates  to  him,  shall  be  strictly  enforced,  and 
report  aay  infraction  of  the  same  to  the  assistant  attorney,  who 
shall  proceed  to  collect  such  fine  or  fines  as  may  be  imposed  for 
the  infraction  of  this  ordinance,  as  aforesaid. 

(12.)     That  all  ordinances  or  parts  of  ordinances  contaray  to  Repealing  clause 
the  provisions  of  the   foregoing  ordinance  be,  and  the  same  are 
hereby  repealed. 

City  Ordinance,  No.  1722.    Approved  July  18th,  1854. 

No.  938.  (1.)  From  and  after  the  promulgation  hereof,  it  Penalties,  etc. 
shall  not  be  lawful  for  any  owner,  driver,  or  person  having  charge 
or  authority  over  a  public  hack,  carriage,  or  cab  for  hire,  to  charge 
other  than  the  following  rates,  under  a  penalty  of  not  more  than 
fifty  dollars  for  each  ofi'ense,  unless  the  said  driver  be  a  slave, 
then  the  penalty  shall  not  be  more  than  fifteen  dollars  for  the 
first  offense,  and  fifty  dollars  for  every  offense  thereafter,  to  be 
recovered  before  any  court  having  jurisdiction  thereof,  the  fines  or 
penalties  collected  under  this  ordinance  to  be  divided  between 
the  three  municipalities,  as  provided  for  in  the  twenty-second 
section  of  an  act  entitled,  *'An  act  to  incorporate  the  city  of  New  ^ 
Orleans,"  approved  March  8th,  1836. 

No.  939.     (2.)  For  every  trip  within  the  incorporated  limits  mck  and  rab 
of  either  municipality,   or   from  the   incorporated  limits  of  one  ^  '"^**'''''  *^^' 
41 


322  VEHICLES 

municipality  to  the  incorporated  limits  of  tlie  adjoining  munici- 
pality, twenty-five  cents  for  each  passenger. 

From  Esplanade  street  to  the  Ursuline  Nuns'  Convent,  thirty- 
seven  and  a  half  cents ;  and  lower  down  pro  rata^  according  to 
the  rates  of  distances  hereinafter  established. 

From  the  incorporated  limits  of  the  second  municipality  to  the 
incorporated  limits  of  the  third  municipality,  or  vice  versa^  fifty 
cents  for  each  passenger. 

For  every  trip  out  of  the  incorporated  limits  of  either  muni- 
cipality, to  the  incorporated  limits  of  either  of  the  other  muni- 
cipalities, sixty-two  and  a  half  cents  for  each  passenger. 

For  every  trip  out  of  the  unincorporated  limits  of  one  munici- 
pality to  the  incorporated  limits  of  the   adjoining  municipality, 
sixty-two  and  a  half  cents  ;  provided  the  distance  does  not  exceed 
twelve  squares  of  the  city  proper ;  then  the  charge  to  he  pro  rata. 
Charges  at  No.  940.  (3.)  After  gunfire,  the  owner  or  driver  (ff  a  carriage, 

hack,  or  cab  for  hire,  shall  be  authorized  to  exact  double  the 
rates  prescribed  in  the  foregoing  article  for  each  passenger. 
Charges  for  the  No.  941.  (4.)  For  every  trip  from  either  municipality  to  the 
lake  shore,  via.  the  Bayou  road,  or  Shell  road  of  the  New  Or- 
leans Canal  and  Banking  Company,  five  dollars  for  the  whole 
carriage,  not  exceeding  four  passengers,  and  for  a  cab  or  gig  three 
dollars,  and  one  dollar  for  each  and  every  hour  after  the  first 
hour  the  carriage  is  detained  by  the  passenger  at  the  lake. 

City  Ordinance.    Approved  July  1, 1840. 

Not  to  remain  No.  942.     Froiii  and  after  the  passage  of  this  ordinance,  it 

idle  la  streets.  "  ^ 

shall  not  be  lawful  for  the  owner  or  owners  of  any  cart,  dray^ 
waggon,  carriage  or  other  vehicle  to  suffer  the  same  to  remain  in 
any  of  the  streets  or  public  ways  of  the  city,  during  the  day  or 
night,  unless  the  same  shall  be  in  actual  use  at  the  time,  under 
a  penalty  of  three  dollars;  and  any  such  cart,  dray,  carriage  or 
other  vehicle  shall  be  taken  by  the  street  commissioner  or  his  dep- 
uties, by  the  day  or  night  police,  to  the  city  pound  of  the  district 
where  so  found  in  contravention,  and  be  there  kept  for  three  days; 
and  should  the  owner  or  owners  of  the  same  not  claim  and  pay 
the  fines  on  the  'same  within  three  days  after  the  same  have  been 
impounded,  then  it  shall  be  the  duty  of  the  street  commissioner 
to  advertise  and  sell  the  same  as  provided  for  in  the  case  ot 
.  strays,  in  the  third  section  of  this  ordinance,  or  he  shall  report 
.     the  same  to  the  assistant  attorney  of  the  city. 

City  Ordinance,  No.  751,  section  &. 

For  the  "third  section"  referred  to,  see  "Pounds,"  No.  681. 


VEHICLES.  823 

No.  943.  From  and  after  the  promulgatiou  of  this  resolution,  Pound  few, 
the  pound  fees  chargeable  on  any  or  all  animals,  of  whatsoever 
description,  arrested  or  impounded  as  strays,  shall  be  one  dollar 
each  and  the  costs  of  feeding  as  is  now  provided  for  by  ordinance 
No.  751,  approved  6th  April,  1853;  and  the  pound  fees  charge- 
able on  any  dray,  cart,  wagon,  carriage  or  other  vehicle  whether 
arrested  or  impounded  as  incumbrances,  or  in  contravention  of 
any  existing  ordinance,  shall  be  one  dollar,  in  addition  to  what- 
ever fine,  if  any,  that  may  have  been  imposed  for  the  contra- 
vention, by  a  competent  court,  said  fine  of  one  dollar,  being- 
inclusive  of  the  expense  of  hauling  or  transportation  to  the 
pounds. 

City  Ordinance,  Xo.  1870. 

For  Ordinance  No.  751,  see  ''Pounds,"  page  207. 

No.  944.     Resolved y  That  the  adjudications  of  four  contracts  Branding  Tehii 
for  branding  drays,  carts,  etc.,  made  by  the  comptroller  on  the      ' 
15th  December,    1856,  be  approved,  and  the  securities  offered 
be  accepted,  as  follows  : 

For  the  first  district,  to  Pelanne  Bros.,  security  Fco.  Marquez, 
at  fifteen  cents. 

For  the  second  district,  to  Joseph  Scholl,  M.  Weisheimer 
security,  at  four  cents. 

For  the  third  district,  to  Joseph  Scholl,  M.  Weisheimer 
security,  at  four  cents. 

For  the  fourth  district,  to  Pelanne  Bros.,  Fco.  Marquez 
security,  at  twelve  cents. 

City  Ordinance  No.  3216.    Approved  January  7,  1855. 
For  Vehicles  at  places  of  amusement,  see  No.  58. 
For  Tax  and  License,  see  No.  706, 707,  708,  etc. 
Relative  to  conveying  Slaves,  see  No.  761. 

ACTS  OF  THE  LEGISLATURE. 

See  Acts  of  1850,  page  162,  sect.  19,  §  12. 
See  Acts  of  1850,  page  165,  sect.  24,  §  2. 

DECISION   OF   SUPREME   COURT. 

Carts,  ■which  a  man  uses  for  his  own  purposes  in  hauling  water  for 
sale,  are  not  vehicles  for  hire,  and,  not  subject  to  the  ordinance  imposing 
a  tax  on  carts,  drays,  and  other  vehicles  for  hire. — 3  La,  248. 


WARDENS.— See  "Master  and  Wardens,'''  page  157. 


324  WATER  WORKS  AN©  OAS  COMPANIES. 

WATER  WORKS  AND  GAS  COMPANIES. 

An  Ordinance  relative  to  the  Commercial  Water  Works  Company,  and 
the  New  Orleans  Gas  Light  Company. 

ObFtru-ting  No.  945.     (1.)   It  shall  be  the  duty  of  the  commercial  watcf 

works  company,    and   the   New  Orleans   gas  light  company  to 
place  at  the  intersections  of  streets  in  which  they  shall  lay  dowa 
pipes,   a  barrier  to  prevent   carriages,   drays,  carts   and   other 
vehicles  from  running   on   the   same,    until  their  works  shall  be 
completed  in  each  square ;  provided,  the  said  company  shall  not 
be  allowed  to  obstruct  any  street  for   a  longer  time   than  is  now 
fixed  by  their  charters ;  and  for  every  violation  of  this  ordinance 
the  contravening  company   shall  be  fined   not  less  than  twenty- 
five  dollars  a  day  during  the  continuance   of  the   contravention, 
strpef  comrois-         No.  946.     (2.)  Whenever  a  street  is  to  be  newly  paved,   the 
Bion.iB  aty.       g^xeet  commissioner  shall  immediately   inform    the   water  works 
company  and  the  New  Orleans  gas  light   company   of  the   fact, 
and  the  said  company  shall  be  requested  to  lay  their   main  pipes 
before  the  paving  is  commenced. 
Paving  and  ban-      No.  947.     (3.)    That  whenever  either  of  said  companies  shall 
quettmg.  ^^^^  ^^  ^^^  banquette  or  paving  for  the  purpose  of  laying  pipes, 

such  company  shall,  when  repairing  said  banquette  or  paving, 
cause  the  earth  to  be  rammed  down  and  the  banquette  or  paving 
put  in  good  order  and  repair,  under  penalty  of  a  fine  of  ten 
dollars  for  each  and  every  day  such  company  shall  fail  to  repair 
and  put  such  banquette  or  paving  in  order,  after  notice  from  the 
street  commissioner. 
Repealing  clause.  No.  948.  (4.)  All  ordinances  or  parts  of  ordinances  conflict- 
ing with  the  provisions  of  this  ordinance  are  hereby  repealed. 

City  Ordinance,  No.  3171.    Approved  Dec.  23,  1855. 
See  streets,  No8.  «I5  and  816. 

ACT  OF  THE  LEGISLATURE. 

For  Act  of  incorporation  of  water  works  company,  see  Acts  of  1833, 
page  151. 
General  powers.  ^^c.  4.  That  all  such  persons  as  shall  become  subscribers  to  said 
company,  their  successors  and  assigns,  shall  be  and  are  hereby  created 
and  made  a  corporation  and  body  politic,  by  the  name  and  stile  of  the 
Commercial  Bank  of  New  Orleans,  and  by  that  name  shall  be  and  are 
hereby  made  capable  in  law,  to  have,  hold,  purchase,  to  leceive  in  pay- 
ment of  debts,  possess,  enjoy,  and  retain,  to  them  and  their  successors, 
property  aud  estate  of  what  nature,   kind,  or  quality  soever,  or  so  far  afi 


WATER  WORKS  AND  GAS  COMPANIES.  825 

is  necessary  to  carry  into  complete  effect  the  object  of  this  charter,  which 
is  declared  to  be  the  furnishing  of  the  city  with  good  and  wholesome 
water  ;  and  the  same  to  alien,  transfer  and  dispose  of,  to  sue  and  be 
sued,  plead  and  be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  any  court  or  courts  of  record,  or  other  place  whatsoever  ,  to 
have  forever  the  exclusive  privilege,  from  and  after  the  passing  of  this 
act,  of  supplying  the  city  and  inhabitants  of  New  Orleans  and  its 
faubourgs,  with  water  from  the  river  Mississi'Dpi,  by  means  of  pipes  or  Water  works. 
conduits,  and  for  erecting,  constructing,  or  working  of  any  necessary 
engine;  and  they  may  contract  for,  purchase  or  lease,  the  light  to  enter 
and  pass  through,  from  time  to  time,  as  occasion  may  require,  any  lands 
or  grounds  through  which  they  may  deem  it  necessary  to  convey  the 
Baid  water  into  said  city  and  its  faubourgs  ;  and  to  construct,  dig  or 
cause  to  be  opened,  any  canals  or  trenches  whatsoever,  for  the  con- 
ducting of  the  water  of  the  river  from  any  place  or  places  that  they  may 
deem  fit,  and  to  raise  and  construct  such  dykes,  mounds,  or  reservoirs, 
as  they  may  judge  proper,  for  securing  and  conveying  such  supply  of 
water,  as  aforesaid,  to  the  said  city  and  the  faubourgs  thereof;  and  to 
survey  t>uch  lands  as  they  may  think  proper,  in  order  to  ascertain  the 
bust  mode  of  furnishing  such  supply,  and  to  lay  and  place  any  number 
of  conduits,  pipes,  and  acqueducts,  and  to  cleanse  or  repair  the  same, 
through  or  over  any  of  the  lands  or  streets  of  the  city  of  New  Orleans 
and  its  faubourgs  ,  and  also  to  have  and  use  a  common  seal,  and  the 
same  to  break,  alter  and  renew  at  pleasure  ;  and  also,  through  their 
president  and  directors,  to  ordain,  establish,  and  put  in  execution,  such 
by-laws,  ordinances,  and  regulations,  as  shall  seem  necessary  and  cou- 
veniont  for  the  government  of  said  corporation,  not  being  contrary  to 
this  act,  nor  to  the  constitution  and  laws  of  the  United  States,  or  of  this 
State,  or  ordinances  of  the  city  council  of  New  Orleans  ;  and  generally, 
to  do  and  execute  all  such  acts,  matters  and  things,  as  to  them  shall 
or  may  appertain  to  do ;  subject,  nevertheless,  to  the  rules,  regulations, 
restrictions,  limitations  and  provisions  hereinafter  specified  and  declared. 
Provided  however,  that  at  any  time  after  the  expiration  of  thirty-five  ^^^g^  thirty-five 
years  from  the  passage  of  this  act,  it  shall  be  lawful  for  the  corporation  years  corporation 
of  the  city  of  New  Orleans  to  purchase  from  the  Commercial  bank  of  may  purchase. 
New  Orleans,  the  water  works  constructed  by  said  company  in  virtue 
of  this  act — and  said  company  shall  not  refuse  to  sell  the  works  afore- 
said, with  all  the  rights  and  privileges  appertaining  to  the  same,  on 
the  terms  hereinafter  provided. — Acts  of  1833,  p.  153. 

Sec.  11.     That  said  company  shall,  within  twelve  months  after  the  one  hundred 

first  election  of  directors,   commence  works,    and   commence  to  procure  ♦l^ov"*"'*  dollars 

,  ,     .  -  ^  to   be    annually 

such  materials,  as  may  be  necessary  to  enable  them  to  furnish  the  inha-  expended  on  the 

bitants   of    the   city   of  New  Orleans  and  its  faubourgs,  with  sufficient  ^^^^^  ^^^^^' 

water  from  the  river  at  all  seasons  of  the  year  ;  and  in  order  that  the 

true  intent  and  meaning  of  this  act  be   strictly  adhered  to  and  complied 

with,   and  that  the  water  works,  contemplated  to  be  constructed  by 

said  company,  be  completed  in  the  shortest  time  practicable,  under  all 

the  circumstances,  the  sum  of  at  least  one  hundred  thousand  dollars 


326  WATER  WORKS  AND  GAS  COMPANIES. 

shall  be  expended  on  the  works  aforesaid,   annually,   until   the  said 

company  is  in  a  situation  to  supply,  and  actually  do  supply,   water  to 

the  greater  part  of  the  streets  of  the  city  proper,   and  the  principal  and 

most  populous  streets  of  the  faubourgs — said  expenditure    to  commence 

within  one  year  after  the  passage  of  this  act — so   that  the  city  of  New 

Orleans  and  the  faubourgs  thereof,  may  be  furnished  with  water  in  the 

streets,  and  such  inhabitants  may  procure  it  by  means   of  conduits  or 

pipes,  within  their  houses  and  lots,  at  a  price  to  be  regulated  by  the 

company :  and  should  the  said  company  fail  or  neglect  either  to  commence 

or  continue  said  works  as  aforesaid,  then,  and  in  such  case,  the  charter 

Limitation  of      now  granted  shall  be  wholly  null  and  void.     Provided  however,  that  the 

^^°   ^'  net  profits  on  the  same  shall  not  exceed  an  interest  of  fifteen  per  centum 

per  annum,  from  the  time  of  disbursements  of  said  works ;    and  at  such 

times  as  dividends  shall  be  declared  by  the  bank,  say  semi-annually,  the 

interest  on  the  sum  expended  in   constructing  said  water  works  shall  be 

added  thereto,  and  shall  form  a  part  of  the   capital  invested,  until  the 

net  revenues  on  said  works  amount  to  fifteen  per  centum   as  aforesaid : 

City  council  of     and  provided  also,  that  the  city  council  of  New  Orleans   shall  have  the 
New  Orleans  to  „  .  .  ,        ,    „    ,  , 

appoint   a  com-  power  annually  to  appoint  a  committee,  who  shall   have   access  to  such 

™^"®®'  of  the  books  of  said  bank   as  relate  to  the   said  water  works  company, 

and  may  make  such  extracts  from  the  same  as  they  think  necessary  .• 
and  provided  further,  that  at  the  end  of  five  years  after  the  first  appro- 
priation, the  said  net  profits  shall  not  exceed  ten  per  cent. — and  in  case 
said  profits  should  exceed  fifteen  per  centum  during  the  first  five  years, 
and  ten  per  centum  afterwards,  as  provided  for  in  this  section,  the  city 
council  shall  have  the  power  to  reduce  the  price  of  water,  in  such  a 
manner  and  in  such  a  proportion,  that  the  profits  should  never  exceed 
the  above  mentioned  rates. — Acts  of  1833,  p.  157. 

Rleht  of  corpora-       Sbc.  21.     That  within  the  first  thirty  days  that  the  books  are  opened 

leans  to  sub-        ^0^  subscription,   the  corporation   of  the  city     of  New   Orleans    may 

scribe.  subscribe  for  five  thousand  shares  of  the  capital  stock   of  said  company, 

not  subject  to  deduction  ;  and  for  which   the  said  company  may  receive 

the  ^bouds   of  the   mayor,   aldermen   and  inhabitants  of  New  Orleans, 

redeemable  in  forty  years,    bearing    an  interest  not  exceeding  five  per 

centum  per  annum,  payable  half  yearly. 

To  appoint  two      Sec.  22.     That  if,  agreeable  to  the  twenty-first  section   of  this  act, 

the  corporation  of  the  city  of  New    Orleans  shall  subscribe  for  five 

thousand   shares  of  the   capital  stock   of  the  Commercial  bank  of  New 

Orleans,  then,  and  in  that  case,   the  city   council   of  New  Orleans  shall 

annually  elect  by  ballot,  from  the  mayor,  recorder  and  aldermen  of  said 

council,  two  persons,    who  shall  be    members   of  the  board  of  directors  ; 

and  the  stockholders  shall  only  elect  eleven  instead  of  thirteen  directors, 

as  provided  for  in  the  third  and   sixth  sections  of  this   act,   in  which 

ProTiso.  election  the  said  city  council  shall  not  vote   as   stockholders.     Provided, 

that  nothing  herein  contained  shall  be  so  construed,  as  in   any  manner 

to  impede,  diminish  or  impair,  the  rights  and  powers  granted  to  the  city 

council  of  New  Orleans,  and  to  the   committee  to  be  appointed    by  them 

annually,  by  virtue  of  the  eleventh  section  of  this  act. — Acts  1838,  p.  160. 


WATEa  WORKS  AND  GAS  COMPANIES.  327 

Sec.  38.     That  the  corporation  of  New  Orleans  shall  be  supplied  by  Corporation  of 

the   said  company,   free  of  charge,  with   all   water  necespary  for  the.^g^y^,^jl^5j"^j*^ 

extinguishment  of  fires   and   other  public  purposes:  nor  shall,  the  city  water  free  of  ex- 
.,,,.,  ,  .  ,     ,  ,        ,       pense,  for  publif 

council  be  subjected  to  any   charge  for   water   furnished  to  supply  the  pinposes. 

gutters  of  the  said  city  and  faubourgs :  and  that  the  said  company,  as  they 

progress  in  laying  acqueducts,  shall  place,   free  of  any  charge  whatever, 

two  hydrants   of  a  proper  construction,   in  front  of  each  sqare,  at  a  Hydrants  to  te 

suitable  distance  from  each  other,   from   which  a   sufficient  quantity   of  IJ^^^  sqaure.'^ 

water  may  be  conveniently  drawn,   for  extinguishing  fires,   for  wetting, 

washing  and  watering  the  streets  and  gutters,    and  any  other  public 

purpose :    that   on   the   squares   which   do  not   front   on  the  river,  the 

hydrants  shall  be  placed  on  opposite  sides  of  the   streets,  at  an   equal 

distance  from  each  other  and  the  corners  ;  that  the  said  hydrants  shall  be 

of  a  proper  size  and  made  so  as  at  all  times  to  furnish  water  for  the  fire 

engines,  and  purposes  herein  mentioned:  it  shall  further  be   the  duty 

of  said  company,  to  supply  water  for  all  the  purposes  herein  mentioned, 

at  all  times  during  the  continuance  of  this  charter,   unless  prevented  by 

some  unavoidable  accident;    and  in  case  such  shall  occur,   the  repairs 

shall  be  made  and  the  water  again   furnished    at  the   expiration  of  the 

necessary  delay ;  and  the  said  company  shall  supply  a  sufficient  quantity 

of  clear,  pure  and  wholesome  water  for  the  use  of  the  inhabitants,  within 

the  limits  aforesaid,  at  the  elevation  of  fifteen  feet,  when  the  same  may 

be  required.     Provided  however,  that  said  hydrants  shall   be  under  the 

control  of  the  Commercial  bank. — Acts  of  1833,  p.  167. 

Sec.  42.     That  when,  after   the  expiration  of  thirty-five  years,    the  Price  of  the  water 
said  corporation  of  New  Orleans  shall  be  inclined  to  buy  the  said  water  "«^o»"k(»,  in   the 

*^  •  eventof  purchfiiie 

works  from  the  Commercial  bank  of  New  Orleans,  the  price  shall  be  by  the  city,  to  be 
fixed  by  arbitrators,  five  of  whom  shall  be  chosen  by  the  president  and  ^^jg  ^  "^"^  ^^"" 
directors  of  the  Commercial  bank  of  New  Orleans,  and  five  by  the  city 
council  of  New  Orleans  ;  said  arbitrators  not  to  be  stockholders  iii  said 
company,  nor  members  of  the  city  council  of  New  Orleans.  Said  arbi- 
trators shall  take  into  consideration  the  value  of  the  water  works  and 
grounds  appertaining  thereto,  for  supplying  the  city  and  faubourgs  of 
New  Orleans  with  water  by  the  said  company  ;  and  if  they  agree,  and 
so  report,  in  writing,  their  award  shall  be  binding  on  the  respective 
parties.  But  in  case  of  disagreement,  the  judge  of  the  judicial  district  ^ 
court  in  -which  the  said  water  works  are  situated,  shall  appoint  as 
umpires,  five  disinterested  individuals  as  above,  whose  decision  and 
award,  in  writing,  reported  to  the  judicial  district  court  aforesaid, 
shall  be  binding  and  conclusive.  And  the  amount  so  agreed  upon, 
shall  be  payable  in  the  bonds  of  the  mayor,  aldermen  and  inhabitants 
of  New  Orleans,  bearing  an  interest  of  five  per  centum  per  annum, 
interest  payable  thereon  semi- annually,  and  redeemable  in  not  less 
than  ten,  nor  more  than  thirty  years  from  the  day  on  which  said 
award  shall  be  signed,  and  the  said  water  works  delivered  over  to  the 
said  corporation  of  New  Orleans. 

Sec.  43.     That  in  case  the  mayor,  aldermen  and  inhabitants  of  New  goajg  ^f  ^^^y  ^ 
Orleans,  shall  deem  it  unadvisable  or  inexpedient  to  purchase  the  said  ^  renew«a  in 


328  WA*ER  WORKS  AND  GAS  COMPANiES. 

ca«ie  of  certain     water  works  from  the  Commercial  bank  of  New  Orleans,   as  provided  for 
aance.  -^^  sections  four  and   forty-two,  and   to  notify  the   Commercial   bank  of 

New  Orleans  thereof,  at  any  time  within  eighteen  months  thereafter,  the 
bonds  given  by  the  mayor,  aldermen  and  inhabitants  of  New  Orleans, 
for  the  amount  of  stock  owned  by  the  corporation  of  New  Orleans,  shall 
be  renewed  by  the  Commercial  bank  of  New  Orleans  for  twenty-five 
years,  on  the  same  terms  and  conditions  as  provided  for  in  sections 
twenty-one  and  forty-one  of  this  act :  provided  however,  the  amount 
formed  by  the  sinking  fund  herein  provided,  shall  be  applied  to  the 
payment  of  said  bonds,  as  far  as  it  will  go,  and  the  bonds  only  renewed 
for  such  balance  as  may  not  be  made  up  by  the  sinking  fund  aforesaid. — 
Acts  of  1833,  p.  169. 

An  Act  to  compel  the   Commercial  Bank  of  New  Orleans  to  comply  with 
the  terms  of  its  charter. 
Sectiok  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Hydrants  of  the  t^^^  State  of  Louinana    in   General  Assembly  convened,    That  the  Corn- 
water    works  to  jnercial  bank  of  New  Orleans  shall  cause  to  be  opened,  free  of  charffc,  all 
r»e  opened  in  con-  r  ^  o  ? 

foi  mity  with  the  hydrants  in  the  city  of  New  Orleans,  at  such  times  and  under  such  regu- 

general    council  lations  as  the  general  council  of  New  Orleans  may  direct,  for  the  purpose 

of  New  Orleans,  q^  -yi^ashing  the  streets  and  gutters  of  the  three  municipalities  of  said  city, 

and  for  the  purpose  of  extinguishing  fires,  and  for  other  public  purposes. 

What  extension       Sko.  2.    That  the  Commercial  bank  of  New  Orleans  shall,  immediately 

bank^s'bound'to  ^^^^^  ^^®  promulgation  of  this  act,  commence  extending  their  water  pipes 

give  to  its  water  until  they  include  the  wards,   or  reach   the  streets  following,  viz :    In 

municipality  number  two,  in  the  first  ward,  all  the  streets;  in  the  second 

ward,  in  all  the  streets  as  far  back  as  Hercules  street ;  in  the  third  ward, 

all  the  streets  ;  in  the  fourth  ward,  all  the  streets  as  far  back  as  Benton 

street ;  in  the  seventh    ward,   all  the  streets  as  far  back  as  Claiborne 

street ;  from  Canal  street  as  far  up  as  Common  street,  and  as  far  back  as 

8t.  Mary  street,  for  the  rest  of  the  ward.     In  municipality  number  one, 

in  all  the  streets  of  the  second,  fifth  and  seventh   wards,  as  far  back  as 

Claiborne  street.     In  municipality  number  three,  in  all  the  streets  of  the 

first  ward  as  far  back  as  Morales  street;  in  the  second  ward,  in  all  the 

streets  as  far  back  as  Morales  street ;  in  the  third  ward,  in  all  the  streets 

as  far  back  as  Greatmen  street,  and  as  far  down  as  Elmire  street.     And 

Obligation  of  the  that  said  bank  shall  continue  the  extension  of  said  water  pipes  until  all 

baEIir^t"*ipend,  the  Streets  within  said  limits  are  supplied   with   water ;  and  in  order  to 

for  the  object      eflfect  Said  object  said  bank  shall  annually  expend  and  disburse  one  hun- 

aforesaid,     $100-  "^  .,     i  •  i  i 

ojo  annually.       dred  thousand  dollars  for  each  and  every  year,   until  the   said  works,  as 

herein  described,  shall  be  fully  completed  and  in  use. 

The  general  Sec.  8.     That  at  any  time  after  the  promulgation  of  this  act,  upon  the 

OrEs  '^empow^  consent  of  a  mrtjority  in  amount  of  the  stockholders  of  the  Commercial 

ered  to  purchase  j^j^^jj  ^f  ^q^  Orleans,  the  general  council  of  the  city  of  New  Orleans  is 
the  Water  works  >  »  >>  ..... 

of  the  Conimer-  hereby  empowered  to  purchase,  for  the  benefit  of  the  three  municipalities 

^'"^'^'  of  said  city,  for  a  price  to  be  contributed  pro  rata  by  and  in  proportion 

to  the  value  of  the  works  in  each  of  said  municipalities,  the  water  works 

of  the  said  bank,  in  the  manner  directed  by  existing  laws. 


WHARFINGERS.  329 

Sec.  4.    That  from  and  after  the  promulgation  of  this  act  the  direc-  Rights  of  the  city 
tors  appointed  to  represent  the  city  of  New   Orleans  in   said  bank  shall  tank.      ™  ^ 
have  the  same  rights  in  the  board  of  directors  as  those  appointed  by  the 
stockholders. 

Sec.  5.     That  until  said  works  as  described  in  the  second  section  of  No  dividend  to  bo 
this  act  are  fully  completed  and  in  use,  no  dividend  shall  be  declared  or  t^e  completion  of 
paid  to  the  stockholders,  and  none  of  the  revenues  of  said  bank  shall  be  the  aforesaid 
applied  to  any  other  purpose  than  the  carrying  on  of  said  works  described 
in  said  section  of  this  act. 

Sec.  6.     That  immediately  after  the  promulgation  of  this  act  the  pres-  Meeting  of   the 
ident  of  said  bank  shall  call  a  meeting  of  the  stockholders  thereof,  to  de-  be  called, 
termine  whether  they  will  accept  of  the  provisions  of  this  act  as  supple- 
mentary to  the  provisions  of  the  act  of  incorporation  of  said  bank  ;  and  in  Acceptance  of  the 
-  ..^       n.i^,,,,        .  ^    1    ,,        ^       .,,.        ■      ^      provisions  of  this 

case  of  a  majority  of  said  stockholders  m  amount  shall  not,  within  ninety  act. 

days  from  the  promulgation  of  this  act,  file  their  acceptance,  in  writing,  in  what  case  the 
of  the  provisions  of  this  act,  in  the  of&ce  of  the  secretary  of  State,  then  igZ^^^l foTThe 
the  attorney  general  of  this  State  is  hereby  instructed  to  institute  and  forfeiture  of  the 
carry  on  proceedings  to  obtain  a  decree  of  forfeiture  of  the  charter  and  bank. 
all  the  privileges  and  franchises  of  said  bank. — Acts  of  1848,  page  135. 
See  acts  of  1852,  page  158. 

•  decision  of  the  supreme  court. 

The  act  of  April  1st,  1833,  incorporating  the  Commercial  bank,  ex- 
empts from  taxation  nothing  but  the  three  millions  of  dollars  furnished 
by  the  stockholders  for  its  operations.  The  shares  and  other  real 
property  held  by  the  bank,  are  liable  to  taxation. — 5  R.  R.  151. 


WHAEFINGERS. 


No.  949.    (1.)  There  shall  be  appointed  by  the  coiiimon  coun-  Appointment  of 

^     '^  ^^  •'  -wharfingers  and 

cil,  in  the  month  of  May,  (or  as  soon  after  as  practicable,)  and  assistants. 
every  year  thereafter,  the  following  wharfingers  and  assistants, 
who  shall  enter  upon  the  discharge  of  their  duties  on  the  first  day 
of  June. 

One  wharfinger  for  the  steamboats,  steamships,  flats,  etc.,  of 
the  first  district. 

One  assistant  wharfinger  for  all  that  portion  of  the  first  district 
from  the  flatboat  landing  unto  the  upper  line  of  said  district. 

One  wharfinger  for  the  whole  of  the  second  district. 

Two  assistant  wharfingers  for  the  second  and  third  districts. 

One  assistant  wharfinger  for  the  fourth  district. 

Amended.    See  No.  355- 

No.  950.     (2.)  The  assistant   wharfingers   of   the   first   and  pportsof  assis- 
^     ^  o  ^  tant  wharfingers. 

fourth  districts  shall  make  daily  reports  of  the  ai'rivals  and 
42 


380  y  WHARFINGERS. 

departures  of  all  vessels,  flats,  etc.,  with  their  tonnage,  to  the 
wharfinger  of  the  first  district.  The  assistant  wharfingers  of  the 
second  and  third  districts  shall  also  report  in  same  manner  to  the 
wharfinger  of  the  second  district, 

Report  of  wharf.  No.  951.  (3.)  It  shall  be  the  special  duty  of  the  wharfin- 
gers to  make  a  weekly  report  to  the  comptroller  of  all  and  every 
description  of  vessels,  their  tonnage,  etc.,  which  may  each  day 
enter  and  moor  within  the  limits  of  the  port  under  their  super- 
intendence; which  weekly  report  shall  be  filed  in  the  office  of 
said  comptroller  for  further  reference  and  examination,  in  regu- 
lar rotation  and  dates. 

Office  hours  and      No.  952.     (4.)  The  wharfingers  and  assistants  shall  perform 

compensation,  i     ■,      •  -iti  ••  t  li^ 

such  duties  as  are  now  prescribed  by  existing  ordinances,  or  that 
may  be  hereafter  prescribed  by  the  common  council.  The  office 
of  the  wharfingers  shall  be  open  from  sunrise  to  sunset  (Sundays 
excepted.)  They  shall  receive  for  compensation,  fifteen  hun- 
dred dollars  per  annum,  payable  monthly,  and  the  assistants  nine 
hundred  dollars  per  annum,  payable  monthly. 

Bonds.  No.  953.     (5.)  For  the  faithful  performance  of  their  several* 

duties,  the  wharfingers  shall  furnish  bonds  and  security,  in  the 
sum  of  five  thousand  dollars  each;  and  the  assistants  in  the  sum 
of  two  thousand  dollars  each. 

Repealing  clause.  No.  954.  (6.)  All  ordinances  or  parts  of  ordinances,  con- 
flicting with  the  foregoing  ordinance,  be,  and  the  same  are  here- 
by repealed. 

City  Ordinance,  No.  54.    Approved  28th  May,  1852. 

Duty  of  wharfin-  '^q.  955.  That  SO  much  of  the  Ordinance  No.  54,  creating 
the  offices  of  wharfinger  and  assistant  wharfingers,  be,  and  is  here- 
by amended  so  as  to  give  to  the  wharfinger  of  the  first  district 
the  control  of  the  fourth  district,  and  the  supervision  of  the  du- 
ties of  the  assistant  wharfingers  of  the  first  and  fourth  districts, 
and  the  wharfinger  of  the  second  district  the  control  of  the  third 
district  and  the  supervision  of  the  duties  of  the  assistant 
wharfingers  of  the  second  and  third  districts. 

City  Ordinance,  No.  2237.    Approved  July  15th,  1855. 

Monthly  pay-  No.  956.     That  the  wharfingers  of  the  several  districts,  and 

the  street  commissioner  be,  and  they  are  hereby  directed  and  in- 
structed to  return  monthly  pay-rolls  of  the  persons  employed  by 
them,  and  now  on  the  pay-rolls  of  the  surveyor's  department. 

City  Ordinance  No.  906. 


WHARFINGERS.  331 

No.  957.     (1.)  No  wharfinger  or  assistant  wharfinsrer  shall  in  Not  to  act  as  coi- 

1,  P  1  i  lectoTB. 

any  case  act  as  collector  oi  levee  dues. 

(2.)  Any  violation  of  this  ordinance,  or  any  section  of  this 
ordinance,  shall  subject  the  offender  to  dismissal  from  office. 

City  Ordinance  No.  2238,  sects.  3  and  4. 

No.  958.  The  resolution  of  the  common  council  passed  in  Laborers  pay. 
March  last,  fixing  the  salaries  of  the  laborers  employed  in  the 
street  commissioner's  and  surveyor's  departments  at  thirty-five 
dollars,  does  not  apply  to  the  men  employed  by  the  several 
wharfingers,  and  that  their  salaries  be  as  heretofore,  forty  dollars 
per  month. 

City  Ordinance  No.  1147. 

No.  959.     (1.)  It  shall  be  the  duty  of  the  wharfingers  to  Their  weekly  re- 
make  a  weekly  report  to  the  comptroller,  of  all  and  every  des- 
cription of  vessels,  their  tonnage,  etc.,  which  may  each  day  enter 
and  moor  within  the  limits  of  the  port  under  their  superintend- 
ence, which  weekly  reports  shall  be  filed  in  the  office  of  said  comp-  , 
troller,  for  further  reference  and  examination,  in  regular  rotation. 

No.  960.  (2.)  It  shall  be  their  duty  to  keep  a  list  of  all  To  keep  lists, 
vessels  arriving  within  the  limits  of  the  city,  to  direct  the  moor- 
ing and  landing  of  steamboats,  flatboats  and  other  vessels ;  and 
they  shall  keep  a  regular  account  of  the  general  transactions  in 
the  harbor,  and  for  that  purpose  they  shall  keep  well  bound 
books,  one  for  ships  and  other  sea-going  vessels,  one  for  steam- 
boats, one  for  flatboats,  and  one  for  barges,  keelboats  and  other 
craft,  in  which  shall  be  kept  a  journal  of  the  arrivals,  arranged 
in  such  a  manner  as  to  present  in  one  line  the  name  of  the  vessel, 
the  master  or  consignee,  the  tonnage  or  burden,  the  amount  of 
duty  to  which  said  vessel  may  be  subject,  as  well  as  the  date  of 
the  arrival  and  departure  thereof;  and  the  said  books  shall  be 
regularly  posted  every  day. 

No.  961.  (3.)  Each  wharfinger,  in  his  district,  is  authorized  To  place  yesseis, 
to  point  out  the  place  and  position  any  steamboat,  flatboat,  barge, 
keelboat,  or  any  other  craft  shall  take,  at  the  part  of  the  levee 
allotted  to  them,  and  in  case  any  captain  or  officer  in  commancJ 
neglects  or  refuses  to  obey  his  orders  and  directions,  given  for 
that  purpose,  the  said  captain,  owner,  or  officer  in  command  shall 
be  fined  not  less  than  twenty-five  dollars,  nor  more  than  one  hun- 
dred dollars  for  every  day  he  shall  continue  to  neglect  of  refuse 
to  obey  the  orders  of  the  said  wharfinger. 

See  No.  363. 


etc. 


332  WHARVES,  WHARFAPES,  PORT,  ETC. 

Goods,  wares,etc.j  No.  962.  (4.)  It  shall  be  the  duty  of  the  wharfingers  to  see 
that  all  produce,  goods,  wares,  and  other  articles  landed  on  the 
levee,  be  laid  as  near  as  possible  to  the  paved  part  of  the  levee, 
and  that  the  bank  of  the  river  and  wharves  be  neither  obstructed 
nor  encumbered;  and  the  said  wharfinger  is  authorized  to  give 
the  necessary  orders  to  all  persons  whom  it  may  concern  ,•  and 
any  person  obstructing  the  passage,  or  the  wharves  or  banks  of 
the  river,  or  neglecting  to  arrange  his  merchandise  in  such  man- 
ner as  shall  b6  directed  by  the  wharfinger,  and  shall  refuse  to 
remove  the  obstruction  after  notice,  shall  be  fined  not  less  than 
twenty  nor  more  than  fifty  dollars ;  and  the  wharfinger  shall  have 
authority  to  remove  all  obstructions,  as  provided  in  ordinance 
relative  to  pounds. 

See  Nob.  1030,  1031,  and  "Pounds,"  p.  207. 

Repealing  clause.  No.  963.  (5.)  All  ordinances  or  parts  of  ordinances,  con- 
flicting with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

City  Ordinance,  No.  3151.    Approyed  Dec.  19, 1856. 

For  their  duty  relative  to  the  batture,  etc.,  see  No.  68. 

"  "         "       to  flatboat  basin,  etc.,  see  p.  110. 

See  "Harbor  Masters,"  p.  118. 
See  "  Master  and  Wardens,"  p.  157. 


WHARVES,  WHARFAGE,  PORT,  ETC. 

Sale  of  revenue      No.  964.     (1.)  Be  it  ordained,  by  the  common  council  of  the 

of  wharves.  v     y  '     ^ 

city  of  New  Orleans,  that  the  comptroller  of  said  city  shall,  within 
sixty  days  after  the  passage  of  this  ordinance,  and  the  approval 
thereof  by  the  mayor,  and  after  twenty  days  notice  thereof,  given 
by  publication  in  the  ofiicial  journal,  adjudicate  and  sell  at  his 
office,  to  the  highest  bidder,  and  in  accordance  with  the  stipula- 
tions herein  contained,  the  revenues  of  the  wharves  of  said  city, 
collectable  under  existing  ordinances,  upon  all  ships,  vessels, 
steamships,  steamboats,  flatboats,  and  water  craft,  of  any  and 
every  description  whatsoever,  for  the  term  of  three  years,  com- 
piencing  on  the  1st  day  of  October,  1855,  and  ending  with  the 
30th  day  of  September,  1858. 
Wharves  divided  No.  965.  (2.)  That  for  the  purpose  of  said  adjudication  and 
into  SIX  sections.  ^^^^^  ^^^  wharvcs  of  Said  city  shrll  be  divided  into  six  sections, 

as  follo|rs : 
First  section.  See.  Ist,  shall  comprise  all  the  wharves  and  landings  of  said 

city,  lying  and  being  upon  the  Mississippi  river  and  contained 


WHARVES,  WHARFAGE,  PORT,  ETC.  333 

within  the  upper  or  southern  limit  of  said  city,  and  the  upper 
line  of  Felicity  Road. 

Sec.  2(L  shall  comprise  all  the  wharves  and  landings  of  said  Second  section, 
city,  lying  and  being  upon  the  Mississippi  river,  and  contained 
within  the  upper  limit  of  Felicity  Road  and   the  lower  line  of 
North  Market  street. 

Sec.  3d,  shall  comprise  all  the  wharves  and  landings  of  said  Third  section, 
city,  lying  and  being  upon  the  Mississippi  river,  and  contained 
within  the  lower  line  of  North  Market  street,  and  the  upper  line 
of  that  part  of  the  river  front  of  said  city,  which  is  appropriated 
to  the  Canal  street  ferry. 

Sec.  4th,  shall  comprise  all  the  wharves  and  landings  of  said  Fourth  section, 
city,  lying  and  being  upon  |the  Mississippi  river,  and  contained 
within  the  lower  line  of  that  portion  of  the  riverfront  of  said  city 
which  is  appropriated  to  the  Canal  street  ferry  and  the  lower  line 
of  Toulouse  street. 

Sec.  5th,  shall  comprise  all  the  wharves  and  landings  of  said  Fifth  section, 
city,  lying  and  being  upon  the  Mississippi  river,  and  contained 
within  the  lower  side  of  Toulouse  street,  and  the  upper  line  of 
that  portion  of  the  river  front  of  said  city,  which  is  appropriated 
to  the  Esplanade  street  ferry,  and  excepting  therefrom  that  por- 
tion of  the  river  front  which  is,  or  may  hereafter  be  appropriated 
for  a  ferry,  to  an  extent  of  not  more  than  one  hundred  and  fifty 
feet  at  the  foot  of  St.  Ann  street. 

Sec.  6th,  shall  comprise  all  the  wharves  and  landings  of  said  Sixth  section, 
city,  lying  and  being  upon  the  Mississippi  river,  and  contained 
within  the  lower  line  of  that  portion  of  the  river  front  of  said  city, 
which  is  appropriated  to  the  ij^planade  street  ferry,  and  the  lower 
or  northern  limit  of  said  city. 

No.  966.     (3.)  That  said  comptroller  shall  adjudicate  and  sell  how  to  be  sold. 
as  aforesaid,  the  revenues  collectable,  as  aforesaid,  within  the  va- 
rious sections  set  forth  in  the  second  section  of  this  ordinance, 
separate  and   apart;  commencing  with  section  first,  and  ending 
with  section  sixth,  as  set  forth  in  said  second  section. 

No.  967.  (4.)  That  each  and  every  person  to  whom  shall  be  Subrogation  of 
adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable,  as 
aforesaid,  within  the  various  sections  set  forth  in  section  second 
of  this  ordinance,  shall  be  subrogated  to  all  the  rights  and  privi- 
leges of  the  city  of  New  Orleans,  to  sue  for  and  to  collect  said 
revenues. 

No.  968.     (6.)  That  each  and  every  person  to  whom  shall  be  Vendee  not  to 
adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable  as  cht^V^  ^  ^^^' 


334  WHARVES,  WHARFAGE,  PORT,  ETC. 

aforesaid,  within  the  various  sections  set  forth  in  section  second 
of  this  ordinance,  shall  not  sell,  transfer,  assign,  set  over,  or  sub- 
lease his  or  their  right,  title  or  interest  in  the  same  to*ny  person 
i  or  persons  whatsoever;  and  that  in  case  of  any  sale,  transfer, 
^  assignment  or  sublease  made  by  any  person  or  persons  of  the 
rights  or  interests  acquired  under  and  by  virtue  of  this  ordinance, 
such  sale,  transfer,  assignment  or  sublease  shall  work  a  forfeiture 
of  said  rights  and  interests  so  acquired  as  aforesaid,  and  the  same 
shall  revert  to  the  city  of  New  Orleans. 

What  the  city  re-  No.  969.  (6.)  That  the  city  of  New  Orleans  reserves  to  her- 
self, and  excepts  from  said  sale,  each  and  every  ferry  landing  and 
ferry  wharf  now  existing,  and  each  and  every  nuisance  wharf  now 
existing,  and  all  revenues  arising  from  the  same.  The  common 
council  also  reserves  the  privilege  of  changing  the  location  of 
the  ferry  landing  in  the  fourth  district,  provided  the  same  shall 
not  occupy  more  space  than  where  it  now  is. 

Purchasers  to  '      No.  970.     (7.)  That  each  and  every  person  to  whom  shall  be 

give  on  s.  adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable,  as 
aforesaid,  within  the  various  sections  set  forth  in  section  second 
of  this  ordinance,  shall  give  bond,  with  good  and  sufficient  secu- 
rity, to  be  approved  by  the  common  council,  in  an  amount  equal 
to  one-fourth  part  of  the  price  of  said  adjudication  and  sale,  and 
conditioned  for  the  true  and  faithful  performance  and  fulfillment 
of  all  acts  and  obligations  required  to  be  performed  and  fulfilled 
on  the  part  of  said  person  or  persons  by  this  ordinance. 

To  give  promis-      No.  971.     (8.)  That  each  and  every  person  to  whom  shall  be 

sory  notes.  ^  . 

adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable,  as 
aforesaid,  within  the  various  sections  set  forth  in  section  second 
of  this  ordinance,  shall  give  therefor  his  or  their  promissory  notes, 
endorsed  to  the  satisfaction  of  the  common  council,  in  an  amount 
equal  to  the  purchase  price  of  the  revenues  so  adjudicated  and 
sold,  as  aforesaid. 
How  payable,  No.  972.     (9.)  That  the  notes  required  to  be  given  by  section 

seventh  of  this  ordinance  shall  be  divided  into  a  series  of  thirty- 
six  in  number,  and  made  payable  in  fifteen  days,  one,  two,  three, 
four,  five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thirteen, 
fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty, 
twenty-one,  twenty-two,  twenty-three,  twenty-four,  twenty-five, 
twenty-six,  twenty -seven,  twenty-eight,  twenty-nine,  thirty,  thir- 
ty-one, thirty-two,  thirty-three,  thirty-four  and  thirty-five  months 
after  date ;  and  that  such  of  said  notes  as  shall  be  made  payable 
in  the  months  of  January,  February,  March,  April,  May  and 


WHARVES,  WHARrAGE,  PORT,  ETC.  385 

June  of  each  year,  shall  be  drawn  payable  each  in  an  amount 
equal  to  one-twenty-seventh  part  of  the  purchase  price  of  the  rev- 
enues so  adjudicated  and  sold,  as  aforesaid,  and  that  such  of  said 
notes  as  shall  be  made  payable  in  the  months  of  July,  August, 
September,  October,  November  and  December  of  each  year,  shall 
be  drawn  payable  each  in  an  amount  equal  to  one-fifty-fourth 
part  of  the  purchase  price  of  the  revenues  so  adjudicated  and 
sold,  as  aforesaid. 

No.  973.  (10.)  That  each  and  every  person  to  whom  shall  wharves  to  be 
be  adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable  as  orderl'^  ^°° 
aforesaid,  within  the  various  sections  set  forth  in  section  second 
of  this  ordinance,  shall  accept  and  take  possession  of  the  wharves, 
landings  and  levees  contained  within  the  section  or  sections 
whose  revenues  are  to  be  adjudicated  and  sold  on  the  1st  day  of 
October  next;  that  said  wharves,  landings  and  levees  shall  be 
accepted  in  the  condition  in  which  the  same  may  be  in  on  said 
1st  day  of  October  next ;  and  that  said  person  or  persons,  so  ac- 
cepting and  taking  possession  of  said  wharves,  landings  and 
levees,  shall  repair  the  same  and  keep  the  same  in  good  order  and 
condition  during  the  whole  term  of  three  years,  commencing  with 
the  said  1st  day  of  October,  1855,  and  ending  with  the  30th  day 
of  September,  1858.  Provided,  that  the  lessees  shall  have  no 
right  to  build  any  shed,  warehouses  or  platforms  on  said  levee, 
without  the  permission  of  the  common  council. 

No.  974.  (11.)  That  the  levees  named  in  section  tenth  of  how  far  levees  to 
this  ordinance,  shall  extend  back  to  the  line  of  the  street  or  ^^*®^'^- 
streets  fronting  the  river;  that  is  to  say  the  levee  comprised 
within  section  No.  1,  shall  extend  back  to  the  line  of  Water 
street,  from  the  upper  line  of  the  fourth  district  to  Adele  street, 
and  to  Tchoupitoulas  and  New  Levee  streets,  from  Adele  street 
to  Felicity  road ;  the  levee  comprised  in  section  No.  2  shall  ex- 
tend back  to  the  line  of  New  Levee  street  from  Felicity  road  to 
Kace  street,  and  to  Front  levee  from  Race  street  to  North  Market 
street ;  the  levee  comprised  in  section  No.  3  shall  extend  back  to 
the  line  of  Front  street  from  North  Market  to  Canal  street;  the 
levee  comprised  in  sectiom  No.  4  shall  dl:tend  back  to  the  line  of 
Front  street  from  Caual  to  Customhouse  streets,  and  to  New 
Levee  street  from  Customhouse  to  Toulouse  street;  the  levee 
comprised  in  section  No.  5,  shall  extend  back  to  the  line  of  Old 
Levee  street;  the  levee  comprised  in  section  No.  6,  shall  extend 
back  to  public  road  or  New  Levee  street. 


336 


WHARVES,  WHARFAGE,  PORT,  ETC. 


Levee  repairs  in 
what  to  consist. 


Wharf  repairs. 


Wharf  repairs. 


No.  975.  (12.)  That  the  repairs  of  the  levees  required  to  be 
made  under  section  tenth  of  this  ordinance,  shall  consist  in 
grading  the  same  according  to  the  grades  already  established ;  in 
covering  the  same  with  hard  substances,  such  as  lake  or  oyster 
shells  and  gravel ;  in  keeping  the  same  always  in  good  order,  by 
filling  up  all  holes  on  their  first  appearance,  with  hard  substances 
as  above  mentioned ;  in  filling  up  with  river  sand  all  parts  of  the 
same  which  may  cave  in  or  sink  below  the  grades  aforesaid ;  and 
in  keeping  the  bulkheads  on  the  outside  of  the  same,  always  in 
good  order  and  condition. 

No.  976.  (13.)  That  the  repairs  of  the  wharves  required  to 
be  made  under  section  ninth  of  this  ordinance,  shall  consist  in 
repairing  all  holes  in  the  flooring  of  the  wharves  and  inclined 
planes  immediately  on  their  first  appearance ;  in  raising  all  por- 
tions of  the  wharves  which  may  have  sunk,  or  which  may  sink 
below  the  levels  now  established ;  in  taking  out  and  renewing  all 
caps  and  stringers,  piles,  fender  piles,  flooring,  etc.,  which  may 
be  found  rotten  or  decayed;  in  building  anew  all  wharves,  which, 
from  general  decay,  may  require  the  same;  and  in  extending  into 
the  river  all  wharves  which  may  require  extension,  so  as  to  have 
at  all  times  a  depth  of  water  of  twenty  feet  at  the  water  line  of 
each  and  every  wharf  used  for  the  landing  and  discharge  of  ships, 
and  a  depth  of  water  of  ten  feet  at  the  water  line  of  each  and 
every  wharf  used  for  the  landing  and  discharge  of  steamboats. 

No.  977.  (14.)  That  in  making  the  repairs  required  by  sec- 
tion twelfth  of  this  ordinance,  the  piles  used  shall  be  of  lake  or 
river  timber,  of  the  best  quality,  eleven  by  eleven  inches  square 
at  one  end,  and  nine  by  nine  inches  square  at  the  other  end,  and 
shall  be  driven  from  fifteen  to  twenty  feet  into  the  solid  ground, 
at  distances  of  ten  feet  from  the  centers ;  the  heads  of  the  piles 
shall  be  squared  according  to  the  levels  to  be  given  by  the  city 
surveyor,  and  shall  receive  and  support  eleven  by  eleven  inches 
square  caps,  which  shall  be  strongly  fastened  to  each  of  said 
piles  with  drag  nails,  one  inch  square  by  eighteen  inches  long. 
The  stringers  used  shall  be  at  least  ten  inches  square,  shall  rest 
at  right  angles  upon  the  caps,  at  distances  of  five  feet  from  the 
centers,  and  shall  be  strongly  fastened  at  each  intersection  with  a 
cap  with  drag  nails,  one  inch  square  by  sixteen  inches  long.  The 
planks  used  for  the  flooring  shall  be  of  yellow  pine,  of  the  best 
quality,  twelve  inches  wide  by  three  inches  thick,  and  not  less 
than  fifteen  feet  long;  they  shall  be  strongly  nailed  to  each  of  the 


WHARVES,  WHARFAaE,  PORT,  ETC  337 

stringers  with  seven  inch  pressed  spikes,  two  at  each  end  of  eacli 
plank,   and   one   at  each  intersection  of  the  stringers. 

No.  978.     (15.)  That  each  and  every  wharf  used  for  the  land-  wharf  repairs, 
ing  and    discharge  of  steamboats,   shall  have  an  inclined  plane 
projecting  from  the  foot  thereof,   of  at  least  thirty  feet  in  width; 
that  on  the  outside  of  said  inclined  plane,  and  adjoining  the  last 
row  of  piles  thereof,   there  shall  he  driven  a  row  of  piles,  which 
shall  receive  a   cap  eleven-by-eleven   inches  square,  with  nine 
inch  tenants  and  mortices,  and  on  the  top  of  said  cap  shall  rest 
a  fender  cap  twelve  inches  square,  which  shall  be  fastened  to  the 
two  other  caps,  at  a  distance  of  five  feet,  with  screw  bolts  of  one 
and  one-half  inches  in  diameter,  and  of  suitable  lengths ;  that  the 
four  rows  of  piles  of  each  inclined  plane  shall  be  braced  every 
ten  feet  with  ten-by-ten  inch  braces,  which  shall  be  fastened  to 
each  pile  with  screw  bolts,  of  one  inch  diameter,  and  of  suitable 
length ;  and  that  each  and  every  person   who  shall   accept  and 
take  possession  of  said  wharves,  in  accordance  with  section  ninth 
of  this  ordinance,  shall    repair  and   keep   in   good   order    and 
condition,  during  the   whole  of   said  term  of  three  years,  such 
ininclined   planes  aforesaid  as  do  now  exist  connected  with  the 
wharf  or   wharves  so   accepted  and  taken   possession  of;    and 
in    case  there   shall   be  no   inclined  plane  as    above   required, 
at   the  time*  of  accepting   and  taking  possession  of  said  wharf 
or   wharves,    as  aforesaid,  then  that  each   and  every  person  so 
accepting  and   taking  possession   of  the  same,    shall  cause   said 
inclined  plane  or  planes  to  be  built,  at  his  or  their  expense,  and 
shall  keep   the   same  in  repair  as  aforesaid,  during  the  whole  of 
said  term  of  three  years. 

No.  979.  (16.)  That  at  each  and  every  wharf  used  for  the  wharf  repair?. 
landing  and  discharge  of  ships,  a  row  of  fender  piles  shall  be 
driven,  each  pile  ten  feet  apart,  and  fastened  in  a  strong  manner 
to  the  piles  of  the  wharves  with  at  least  two  screw  bolts  of  one 
and  a  half  inches  in  diameter  ;  that  on  the  front  of  said  wharves 
two  fender  caps  shall  be  placed,  one  on  a  level  with  the  flooring  of 
the  wharf,  and  the  other  at  five  feet  above  low  water  mark  ;  said 
fenders  to  be  twelve-by-twelve  inches  square,  and  to  be  fastened 
to  the  piles  of  the  wharf  with  screw  bolts  one  and  a  half  inches 
in  diameter,  and  that  each  and  every  person  or  persons  who  shall 
accept  and  take  posession  of  said  wharves,  in  accordance  with  sec- 
tion tenth  of  this  ordinance,shall  repair  and  keep  in  good  order  and 
condition  during  the  whole  of  said  term  of  three  years,  such  fender 

piles  and  fender  caps  as  do  now  exist,  connected  with  the  wharf  or 
43 


338 


WHAKVES,  WHARFAGE,  PORT,  ETC. 


Wharf  repairs. 


Wliarf  repairs. 


wharves  so  accepted  and  taken  possession  of;  and  in  case  there 
shall  be  no  fender  caps,  as  above  required,  at  the  time  of  accepting 
and  taking  possession  of  said  wharf  or  wharves,  as  aforesaid,  then 
that  each  and  eVery  person  so  accepting  and  taking  possession  of 
the  same,  shall  cause  said  fender  piles  and  fender  caps  to  be  driven 
and  placed,  as  above  required,  at  his  or  their  own  cost,  and 
shall  keep  the  same  in  repair  during  the  whole  of  said  term  of 
three  years. 

No.  980.  (17.)  That  at  each  and  every  wharf  used  for  the 
landing  and  discharge  of  steamships,  fenders  shall  be  driven  at 
equal  distances  of  twenty  feet ;  that  each  fender  shall  be  com- 
posed of  four  poles  cleven-by-eleven  inches  square,  strongly 
fastened  together  and  to  the  wharves,  with  at  least  six  screw  bolts 
of  one  and  a  half  inches  in  diameter;  that  the  four  outside  rows 
of  piles  of  each  and  every  wharf  used  for  the  landing  and  dis- 
charge of  steamships  and  of  ships,  shall  be  braced  every  ten 
feet  with  ten-by-ten  inch  braces,  which  shall  be  fastened  to  each 
of  said  piles  with  screw  bolts  of  one  inch  in  diameter.  And 
that  each  and  every  person  who  shall  accept  and  take  possession 
of  said  wharves  in  accordance  with  section  ninth  of  this  ordi- 
nance, shall  repair  and  keep  in  good  order  and  condition  during 
the  whole  of  said  term  of  three  years,  such  fenders  and  braces 
as  do  now  exist  connected  with  the  wharf  or  wharves  so  accepted 
and  taken  possession  of;  and  in  case  there  shall  be  no  fenders  or 
braces,  us  above  required,  at  the  time  of  accepting  and  taking 
possession  of  the  same,  shall  cause  said  fenders  to  be  driven,  and 
said  braces  to  be  made  at  his  or  their  own  cost,  and  shall  keep 
the  same  in  good  repair  during  the  whole  term  of  three  years. 

No.  981.  (18.)  That  on  all  the  wharves  which  shall  be  ac- 
cepted and  taken  possession  of,  in  accordance  with  section  ninth 
of  this  ordinance,  mooring  piles,  twelve  inches  square,  shall  be 
driven  as  follows,  to  wit :  On  the  steamboat  wharves,  single  piles 
along  the  inclined  planes  at  distances  of  forty  feet  from  the  cen- 
ters ;  on  the  steamship  and  ship  wharves,  double  piles  whereso- 
ever the  harbor  master  shall  direct.  That  each  of  the  aforesaid 
mooring  piles  shall  be  strongly  fastened  to  the  piles  of  the 
wharves,  with  at  least  ten  sound  bolts  of  one  inch  in  diameter, 
and  shall  project  three  and  a  half  feet  above  the  flooring  of  the 
wharves,  and  that  each  and  every  person  who'  shall  accept  and 
take  possession  of  said  wharves,  in  accordance  with  section  ninth 
of  this  ordinance,  shall  repair  and  keep  in  good  order  and  condi- 
tion, during  the  whole  of  said  term  of  three  years,  such  mooring 


WHARVES,  WHARFAGE,  PORT,  ETC. 


339 


piles  as  do  now  exist,  connected  witli  the  wliarf  or  wharves  so 
accepted  and  taken  possession  of,  and  in  case  there  shall  be  no 
mooring  piles,  as  above  required,  at  the  time  of  accepting  and 
taking  possession  of  said  wharf  or  wharves  as  aforesaid,  then 
that  each  and  every  person  so  accepting  and  taking  possession  of 
the  same,  shall  cause  said  mooring  piles  to  be  driven  and  fasten- 
ed at  his  or  their  own  cost  and  shall  keep  the  same  in  good 
repair  during  the  whole  of  said  term  of  three  years. 

No.  982.  (19.)  That  all  works  and  repairs  required  to  be  works  and  re- 
done by  this  ordinance,  shall  be  done  binder  the  supervision  of  whose  supervi- 
the  surveyor  and  of  the  committee  on  streets  and  landings  of  the 
two  boards  of  the  common  council ;  and  in  case  of  refusal  on  the 
part  of  ^aid  lessees,  to  make  said  repairs,  it  shall  be  the  duty  of 
the  surveyor  to  have  them  made  forthwith  at  the  expense  of 
saicnessees". 

No.  983.     (20).  That  all  works  and  repairs  required  to  be  Repairs  and  no- 
done  by  this  ordinance,  shall  be  done  by  the  parties  bound  to  do 
the  same,  without  any  delay  after  ngtice  thereof  is  given  by  the 
surveyor,  with  the  approval  of  the  committee  of  streets  and  land- 
ings of  the  common  council. 

No.  984.  (21.)  That  the  common  council  may  revoke,  set  consequence  of 
aside,  and  annul  any  sale,  made  under  and  by  virtue  of  this  ^^^^^  o  repair. 
ordinance,  of  revenues  collectable  in  either  or  any  of  the  sections 
set  forth  in  section  number  two  of  this  ordinance,  whenever  the 
party  or  parties  purchasing  shall  neglect  or  fail  to  make,  within 
a  reasonable  time,  the  works  and  repairs  required  to  be  done  by 
this  ordinance,  or  may  have  the  required  work  or  repairs  done  at 
the  expense  of  said  party  or  parties,  or  may  resell  the  said  sec- 
tion or  sections  for  account  and  risk  of  said  defaulting  party  or 
parties. 

No.  986.  (22.)  That  the  common  council  may  revoke,  set  Failure  to  pay 
aside  and  annul  any  sale  made  under  or  by  virtue  of  this  ordinance, 
of  revenues  collectable  in  either  or  any  of  the  sections  set  forth 
in  section  number  two  of  this  ordinance,  whenever  the  party  or 
parties  purchasing  shall  neglect  or  fail  to  pay  at  maturity  any 
note  given  in  part  p'ayment  of  the  purchase  price  of  said  revenues 
collectable  as  aforesaid,  and  thereupon  the  city  may  take  imme- 
diate possession  of  the  wharf  or  wharves,  landings  and  levees, 
within  said  section  or  sections,  as  are  described  in  section  number 
two  of  this  ordinance,  and  proceed  to  collect  the  revenues  coUec 
table  within  the  same. 


S40  'WHARVES,  WHARFAGE,  PORT,  ETC. 

Spars,  timbers,         No.  986.     (23.)  That  each  aud  every  person  who  sliall  accept 
p  an  s,  e  c.         ^^^  ^^^^  possession  of  the  aforesaid  wharves,  in  accordance  with 
section  ten  of  this  ordinance,  shall  be  furnished  by  the  surveyor 
with  an  inventory  of  all  spars,  timbers,  stage   planks,  etc.,  used 
for  mooring  vessels  and  for  stagings  for  vessels,  and  shall  give  to 
the  surveyor  a  receipt  for  the  same,  and  shall  at  all  times  keep  on 
hand  for  the  use  of  vessels  a  sufficient  supply  of  the  same,  and 
shall  return  to  the  city  at  the  end  of  their  lease  an  inventory  of 
equal  amount  and  value  of  the  same. 
ReaponsiUiity  io      No.  987.     (24.)  That «ach  and  cvcry  person  wlio  shall  accept 
damages.  ^^^  ^^^^  posscssiou  of  the  aforcsaid  wharves,  landings  and  levees 

in  accordance  with  section  tenth  of  this  ordinance,  shall  be  re- 
sponsible for  all  damages  which  may  be  claimed  of  the  city  by 
any  party  or  parties  who  may  sustain  injury  in  consequence  of 
the  neglect  of  the  aforesaid  person  or  persons,  to  comply  with  the 
requireulcnts  of  this  ordinance. 
Removal  of  mer-  ^0.  988.  (25.)  That  no  person  or  persons,  to  whom  shall  be 
c  andise,eto.  adjudicated  and  sold,  as  aforesaid,  the  revenues  collectable  as 
aforesaid,  within  the  various*  sections  set  forth  in  section  second 
of  this  ordinance,  shall  order  oif  or  remove  from  any  wharf  or 
wharves  within  either  of  said  districts,  any  articles  of  freight  or 
merchandise  landed  upon  the  same  from  any  steamboat  until 
twenty-fours  after  said  steamboat  shall  have  fully  discharged  her 
cargo. 

See  "rounds,"  p.  207.1 

Toiicc  reguia-  •  No.  989.  (26.)  That  all  the  aforesaid  wharves,  landings  aud 
agrdues^  ^^^^^'  Icvccs,  shall  coutinuc  subject  to  the  police  regulations  now  gov- 
erning the  same,  aud  under  existing  ordinances,  and  no  change 
shall  be  made  without  the  consent  of  both  parties ;  that  all  ships 
and  other  water  craft  shall  pay  the  dues,  collectable  under  exist- 
ing ordinances,  to  the  lessee  of  the  revenues  of  the  district  in 
which  they  fall  due,  and  that  in  case  of  removal  of  any  ship  or 
water  craft  from  one  district  to  another,  the  dues  so  collectable 
shall  be  divided  pro  rata  between  the  lessees  of  the  revenues  of 
the  district  in  which  the  ships  or  vessel  may  lie,  according  to 
the  number  of  days  said  ship  or  vessel  shall  lie  and  be  within 
the  several  districts. 
Saie^  not  to  be  No.  990.  (27.)  That  no  adjudication  or  sale  of  the  revenues 
collectable  as  aforesaid,  within  the  various  sections  set  forth  in 
section  second  of  this  ordinance  shall  be  valid,  unless  the  aggre- 
gate amount  of  all  the  sales  to  be  made  as  aforesaid  equals  the 
sum  of  three  hundred  and  fifty  thousand  dollars. 


valid,  etc. 


WHAHVES,  WHARFAGE,  PORT,  ETC.  341 

No.  991.     (28.)  The  common  council  shall  have  the  right  to  RiKhtto  reject 

n     ^  -I-     T       '  1       •  n         '  •  i       ^       adjudications. 

reject  any  or  the    adjudications   made  m   conformity  with   the 
present  ordinance. 

No.  992.     (29.)  That  all  ordinances  and  parts  of  ordinances,  Repealing  clause, 
rules  and  regulations  that  are  contrary  to  the  provisions   of  this 
ordinance  be,  and  the  same  are  hereby  repealed. 

City  Ordiaance,  No.  2364.    Approved  August  16, 1855. 

No.  993.     (1.)     From  and   after   the   passage   of  this  ordi-  Wharfage  dues, 
nance,    the   levee   or    wharfage    rates  on   ships    or   othep    sail 
vessels,  steamships,  steamboats,  flats,  mrges  and   other   crafts, 
shall  be  fixed  as  follows  : 

On  all  ships  or  sail  vessels  of  one  thousand  tons  and  under, 
twenty-five  cents  per  ton. 

Excess  of  tonnage  over  one  thousand  tons,  twenty  cents 
per  ton. 

On  all  steamships,  seventeen  and  one-half  cents  per  ton. 

On  all  steamboats  of  one  thousand  tons  and  under,  fifteen 
cents  per  ton. 

Excess  of  tonnage  over  one  thousand  tons,    ten  cents  per  ton. 

On  each  flatboat  not  measuring  over  eighty  feet,  ten  doUai-s. 

On  each  flatboat  measuring  over  eighty  to  one  hundred  feet, 
twelve  dollars. 

On  each  flatboat   measuring   over   one  hundred   feet,   fifteen  • 
dollars.  ^ 

On  each  barge  more  than  seventy  feet  long,  twelve  dollars. 

On  each  barge  less  than  seventy  feet  and  not  exceeding  fifteen 
tons  burthen,  eight  dollars. 

On  each  steamboat  hull  used  as  a  barge,  twenty-five  dollars. 

On  each  scow  and  coastwise  pirogue,  two  dollars. 

For  every  flatboat,  barge,  or  other  vessel^  not  including  steam- 
boats, employed  in  transportation  of  brick,  lumber,  or  other 
building  materials,  or  in  bringing  produce  from  this  and  neif>-h- 
boring  parishes  to  the  city,  and  measuring  not  over  ftwenty-five 
tons,  the  levee  and  wharfinger  dues  shall  be  thirty  dollars  per 
annum. 

From  twenty-five  to  fifty  tons,  sixty  dollars  per  annum. 

Over  fifty  and  not  exceeding  seventy-five  tons,  eighty  dollars 
per  annum. 

Over  seventy-five  and  not  exceeding  one  hundred  tons,  one 
hundred  and  twenty-five  dollars  per  annum. 

Over  one  hundred  tons,  two  hundred  dollars  per  annum. 

Amended,  see  No.  999,  et  seq. 


342  WHARVES,  WHARFAGE,  PORT,  ETC. 

Small  crftft.  No.   994.     (2.)  Eveiy  proprietor  of  any   small   craft    of  the 

description   above  mentioned,    wlio   shall  desire    to   enjoy   tlie 

privilege  accorded  by  tlie  present   ordinance,  must  apply  to  the 

treasurer  of  the  city  of  New  Orleans  for  the  purpose  of  obtaining 

a   license,    approved  by  the   mayor   and  countersigned   by  the 

comptroller,  which  license  shall  specify  the  number  or  name  of 

such  craft,  which  shall  be  painted  in  a  conspicuous  place  on  the 

side  of  said  craft. 

How  long  to  re-      No.  995.     (3.)    Hereafter   it    shall   not   be   lawful   for  any 

main  in  por .       pirogue,  flatboat,  barge,j^boat   or  keelboat,    to   remain  in  port 

longer  than  eight  days,  under  the  same  provisions  and  penalties 

contained  in  article  three  of  an  ordinance  of  the  general  council, 

approved  May  26,  1843. 

How  long  to  re-      No.  996.     (4.)  That  the   payments  on  levee  dues  on  ships, 

main  m  port.       ^^,  g^- j  y^gg^jg^  steamships  or  steamboats,    shall  be    exacted  and 

collected  by  the  collectors  of  levee  dues,    and   an  extra   duty  of 

one-third  these  rates  shall  be  paid  by  all  sail  vessels  or  steamships 

which  may   remain   in   port   over  two  months,    the  same  to  be 

recovered  at  the  commencement  of  the  third  month  ;  and  if  over 

four  months,  an  additional  duty  of  one-third  these  rates. 

Steamboats  shall  be  entitled  to  remain  thirty  days  in  port 
after  the  payment  of  the  dues.  All  over  five  days  to  pay  an 
additional  duty  of  two  dollars  per  day. 

No.  997.  (5.)  That  all  vessels  now  in  port,  and  that  have 
paid  a  daily  or  weekly  wharfage,  shall  be  allowed  (and  the  col- 
lectors are  hereby  authorized)  to  deduct  the  amounts  so  paid 
from  the  rates  now  to  be  collected. 
Repealing  clause.  No.  998.  (6.)  All  ordinances  or  parts  of  ordinances  con- 
flicting with  the  foregoing  be,  nnd  the  same  are  hereby, 
repealed. 

City  Ordinance,  No.  279.    Approved  Sept.  21,  1852. 

The  Office  of  Collector  has  been  abolished  by  Ordinance,  No.  2420. 

Wharfage  dues.  No.  999.  From  and  after  the  first  of  January,  1853,  the 
levee  or  wharfage  dues  on  ships,  and  other  decked  vessels,  and 
steamships,  arriving  from  sea,  shall  be  fixed  as  follows  :  On  all 
vessels  of  one  thousand  tons  and  under,  twenty  cents  per  ton  ; 
and  excess  of  tonnage  over  one  thousand  tons,  fifteen  cents  per 
ton.  On  all  steamships  navigating  the  Grulf  of  Mexico  or  the 
ocean,  fifteen  cents  per  ton. 

Wharfage  dues.  '^^-  1000.  (2.)  From  and  after  the  first  of  January,  1853, 
the  levee  dues  on  all  steamboats  which  shall  moor  or  land  in 
any  part  of  the  port  of  New  Orleans,   shall  be  fixed  as  follows  : 


WHARVES,  WIIARrAGE,  VOMj  ETC.  84^ 

Ten  cents  per  ton,  if  in  port  not  over  five  clays ;  and  five 
dollars  per  day  after  said  five  days  sliall  have  expired.  Provided 
that  boats  arriving  and  departing  more  than  once  in  each  week 
shall  pay  only  seven  cents  per  ton  each  trip. 

Amended.    See  No.  1002, 

No.  1001.  (3.)  From  and  after  the  first  of  January,  1858,  Wharfage  dues. 
the  levee  dues  on  flatboats,  barges,  etc.,  fully  or  in  part  laden 
with  produce,  materials,  or  merchandise  of  any  kind,  shall  be 
as  follows  :  Flatboats,  not  measuring  more  than  eighty  feet,  eight 
dollars ;  eighty  to  one  hundred  feet,  <ten  dollars ;  one  hundred 
feet  and  over,  thirteen  dollars.  On  each  barge,  measuring  less 
than  seventy  feet,  and  not  over  twenty  tons,  eight  dollars.  On 
each  steamboat  hull,  used  as  a  barge,  twenty-five  dollars.  On 
each  scow,  or  coasting  pirogue,  two  dollars. 

(4.)  That  so  much   of  all  existing   ordinances  as  arc  incon-  Repealing  clause, 
sistent  with  the  provisions  of  this  ordinance,  be  and  are  hereby 
repealed. 

City  Ordinance,  No.  640.    Approved  February  11, 1S53. 

No.  1002.    That  the  ordinance  regulatino;  levee  and  wharfaae  Wharfage  dues 

°  P  '"^     on  steamboats. 

dues,  passed  February  11,  1853,  be  so  amended  that  the  second 
section  read  thus — ^^Ten  cents  per  ton  if  in  port  not  over  five 
days,  and  five  dollars  per  day  after  said  five  days  shall  have 
expired.'^ 

Provided,  That  boats  arriving  and  departing  more  than  once 
in  each  week  shall  pay  only  seven  cents  per  ton  each  trip ;  and 
provided,  further,  that  boats  making  three  trips  per  week  shall 
pay  five  cents  per  ton  each  trip. 

City  Ordinance,  No.  228. 

No.  1003.     From  and  after   the  passage  of  this  ordinance,  wharfage  dues 
the  wharfage  or  levee  dues  on  all  th^  barges  measuring  over  one  °"   *^^*^^* 
hundred  tons  shall  be  twenty-five  dollars. 

City  Ordinance,  No.  691. 

No.  1004.  From  and  after  the  passage  of  this  ordinance  Dues  on  pirogues, 
all  pirogues  of  from  five  to  fifteen  tons,  trading  with  the  city,  shall 
be  required  to  take  out  a  license  for  such  privilege,  which  license 
is  hereby  fixed  at  twenty  dollars  per  annum ;  and  should  the 
owner  or  owners  of  any  pirogue  fail  to  take  out  such  license,  he 
or  they  shall  pay  a  fine  of  fifty  dollars. 

That  all  pirogues  of  the  above  dimensions,  trading  with  the  Pirogues  to  be 
city  under  license,  shall  be  properly  and  conspicuously  numbered 
on  both  ends,  under  a  penalty  of  fifty  dollars. 

City  Ordinance,  No.  719. 


S44  WfiARVES,  WHARFAGE,  PORT,  ETC. 

Tow  boat  No.  1005.     (1.)  That  the  surve;for  be,  and  is  hereby  author- 

ized to  cause  to  be  repaired  or  fitted  up,  four  wharves  below 
Louisa  street,  in  the  third  district,  the  said  wharves  to  be  des- 
tined for  the  accommodation  of  tow-boats,  in  laying  to  and 
making  up  and  arranging  their  tows  for  departure. 

See  No.    1018  and  1019. 

Not  to  use  other  No.  1006.  (2.)  That  after  the  said  whai'ves  shall  have  been 
so  prepared,  vessels  employed  as  towboats  to  and  from  the  sea, 
shall  not  be  permitted  to  use  any  other  wharves  or  portion  of  the 
harbor  of  New  Orleans,  f(ir  the  purpose  of  making  up  tows,  un- 
less by  express  permission  of  the  harbor  master  of  the  district 
where  other  wharves  than  those  specially  assigned  to  them  may 
be  so  used. 

Sec.  3,  repealed.     See  No.  1008. 

Towboats  viola-  1007.  (4.)  That  every  towboat  found  in  contravention  with 
mg  or  mance,  ^|^^  above  provisions,  shall  be  liable  to  a  fine  of  fifty  dollars,  and 
that  it  shall  be  the  duty  of  the  collectors  of  levee  dues  in  the  sev- 
eral districts,  to  report  by  name  to  the  city  comptroller,  in  the 
month  of  January  of  each  year,  and  from  time  to  time,  as  occa- 
sion may  require,  every  boat  employed  as  aforesaid  in  the  towage 
of  vessels  to  and  from  the  sea,  and  also  report  to  the  city  attorney 
every  case  of  contravention  with  the  above  provisions. 

City  Ordinance,  No.  549. 

Office  of  collector  abolished  by  city  ordinance,  No.  2420. 

Repeaiingcerlain       No.  1008.     (1.)  That  the  third  Section  of  ordinance  No.  549, 

ordinances.  ,  ■      -^  ^  ' 

relating  to  towboats,  be,  and  the  same  is  hereby  repealed. 
Tax  on  tow  boats.  No.  1009.  (2.)  From  and  after  the  first  day  of  January 
next,  every  boat  employed  in  the  towage  of  vessels  to  and  from 
the  sea,  shall  be  subject  to  a  tax  of  one  hundred  and  fifty  dollars 
per  annum,  to  be  paid  int(5  the  city  treasury  by  the  owner  or 
owners  thereof,  under  a  license  given  by  the  comptroller,  and 
mentioning  the  name  of  the  boat  so  licensed. 

City  Ordinance,  No.  878.    Enacted  30th  May,   1853. 

Boats  laying  up.  No.  1010.  That  the  wharfmaster  of  the  fourth  district  be 
authorized  to  allow  steamboats  laying  up  for  repairs  during  the 
summer  months,  to  occupy  such  wharves  as  may  not  be  required 
for  shipping,  at  the  following  rates  of  wharfage  : 

For  thirty  days'  use  of  wharf,  or  under 82  00  per  day. 

For  sixty  "  ''         ''         ''      1  50  per  day. 

For  ninety         ''  "         ''         "       1  00  per  day. 

City  Ordinance,  No.  2272. 


WHARVES,  WHARFAGE,  PORT,  ETC*  345 

No.  1011.  That  from  and  after  the  first  day  of  November,  1853,  Fiat  boats  break- 
all  owner  or  owners  of  flatboats,  breaking  up  the  same  for  making 
cord  wood,  plank  or  otherwise,  within  the  incorporated  limits  of 
the  city  of  New  Orleans,  shall  pay  a  wharfage  tax  of  four  dollars 
each  on  every  one  so  broken;  and  on  every  log  or  tree  brought 
down  by  raft  or  otherwise,  to  be  sawed  or  cut  up  for  cord  wood, 
timber,  plank  or  shingle,  a  wharfage  tax  of  ten  cents  per  log  or 
tree ;  and  all  persons  refusing  to  pay  over  to  the  collector  of  said 
tax  the  amount  specified  in  this  resolution,  shall  be  immediately 
sued  for  the  same,  and  also  be  subject  to  pay  a  fine  of  ten  dollars  ' 

for  each  flatboat  or  raft  so  broken  up  for  said  use,  to  be  recovered 
before  any  court  of  competent  jurisdiction. 

City  Ordinance,  No.  1178. 

No.  1012.     That  ordinance  No.  68,  approved  June  2,  1852,  to  repeal  certain 
entitled,  "An  ordinance  to  provide  for  the  collection  of  levee  ^^  i"*^^*'^- 
dues,''  be,  and  the  same  is  hereby  repealed. 

City  Ordinance,  No.  2420. 

The  port  of  the  fourth  district  shall  be  divided  as  follows  :        riatboatiandini?. 

No.  1013.  (1.)  All  that  part  between  First  and  Sixtlistreets 
for  flatboats,  to  load  and  unload  their  cargoes,  except  such 
wharves  as  in  the  judgment  of  the  harbor  master  may  be  im- 
practicable for  such  purposes. 

No.  1014.     (2.)  That  such  wharves  between    Second    and  swps  and  steam- 
Sixth  streets  as  can  not  be  used  for  loading  and  unloading  flat-  ^^^^' 
boats,  may  be  appropriated  to  the  use  of  ships  and  steamboats. 

No.  1015.  (3.)  The  balance  of  the  port,  from  Sixth  street  to  Breaking  up 
the  upper  line  of  the  fourth  district,  shall  be  used  for  breaking 
up  flatboats,  and  no  person  or  persons  shall  be  permitted  to  break 
up  any  flatboats  or  other  boats  in  any  other  part  of  the  port 
under  a  penalty  of  fifty  dollars  for  etich  and  every  off'ense,  re- 
coverable before  any  court  of  competent  jurisdiction,  for  the  use 
of  the  city. 

No.  1016.  (4.)  All  flatboats,  keelboats  or  barges,  laden  in 
whole  or  in  part  with  the  following  designated  articles,  shall,  in  piatboat.etr., 
future,  land  and  discharge  their  cargoes  within  the  limits  of  the  '»"^^>"5- 
third  and  fourth  districts,  set  apart  for  such  purposes,  viz :  cotton, 
hay,  grain  in  the  ear,  apples,  potatoes,  lumber,  hoop  poles,  staves 
and  mixed  hay  grain  in  cargoes  for  trading  purposes.  ]5oats  other- 
wise loaded  may  land  as  heretofore,  in  the  respective  districts. 

City  Ordinance,  No.  661.    Approved  March  5,  1853, 
S«e  Flatboat  Basin  p.  110. 

44 


346  WHARVES,  WHARFAGE,  l>ORa:',  ETC. 

Steamship  land-  No.  1017.  That  resolution  No.  899,  authorizing  the  survey- 
or to  prepare  wharf  No.  1,  in  the  first  district,  for  the  accommo- 
dation of  steamships  be,  and  the  same  is  hereby  repealed. 

That  the  surveyor  be,  and  he  is  hereby  empowered  to  prepare 
and  connect  wharves  Nos.  2  and  3,  in  the  first  district,  for  the 
accommodation  of  steamships. 

City  Ordinance,  No.  1102. 

Extension  of  No.  1018.     (1.)  That  the  steamboat  landinp;  of  the  second 

steamboat   land-    ^.       .       ^  ^     .  •     i         i  i    i  •      i     i        ii 

ing.    .  district  be,  and  the  same  is  hereby  extended  so  as  to  include  all 

that  portion  of  the  landing  of  said  district  lying  below  said  steam- 
boat landing  and  Jefferson  street,  and  from  thence  to  the  steamship 
wharves  of  the  said  district,  shall  be  a  landing  for  schooners 
bringing  sugar. 

Amended.    See  No.  1021. 

Schooner  landing  No.  1019.  (2.)  That  the  present  towboat  landing  in  the 
third  district  be,  and  the  same  is  hereby  set  apart  for  and  de- 
clared to  be  a  landing  for  schooners. 

Towboat  landing.      No.  1020.     (3.)  That  the  three  wharves  for  the  accommodation 

of  towboats  be  built  under  the  contracts  to  be  sold  for  building  and 

repairing  the  wharves,  to  be  located  below  Independence  street. 

(4.)  That  this  resolution  shall  go  into  effect  as  soon  as  said 

towboat  wharves  shall  be  completed. 

City  Ordinance,  No.  1588.    Approved  June  23, 1854. 

Amending  No.  No.  1021.  That  Ordinance  No.  1588,  passed  June  24,  1854, 
providing  for  the  removal  of  the  Picayune  Pier  from  the  second 
district  be,  and  the  same  is  hereby  repealed. 

City  Ordinance,  No.  1843. 

Schooner  and  No.  1022.     That  the  present  landing  of  sca-going  schooucrs, 

ing!  except  coasters  to  Barataria,  Attakapas  and  Calcasieu  (commonly 

called  lower  Picayune  Pier)  be  removed  to  its  former  place,  say 
opposite  the  meat  market,  between  St.  Ann  and  Dumaine  streets, 
and  that  the  landing  of  steamboats  and  coasters  be  extended  to 
the  foot  of  Jefferson  street. 

.  City  Ordinance,  No.  1977. 

Whereas,  The  regular  steam  packets  between  this  port  and 
Natchez,  Vicksburg,  Lake  Providence,  Princeton  and  Memphis, 
have  hitherto  been  much  inconvenienced,  and  have  sustained 
great  loss  of  time  and  money  by  the  uncertain  and  limited  accom- 
modations of  levee  room,  in  the  discharge  of  their  cargoes,  and 

Whereas,  By  the  encroachments  upon  the  levee  by  the  sale  of 
batture  property  of  the  past  season,  by  which  it  has  been  greatly 
curtailed,  much  fear  is  apprehended  by  the  proprietors  of  the 


WHARVES,  WHARFAGE,  PORT,  ETC.  347 

aforesaid  packets,  that  the  difficulty  of  obtaining  such  landing 
and  levee  room  as  will  insure  the  discharge  of  the  cargoes,  will 
be  much  increased,  and 

Whereas,  In  consequence  of  the  large  amount  of  wharfage 
paid  weekly  and  semi-monthly  by  the  packets  for  nearly  the 
entire  year,  all  reasonable  and  proper  facilities  should  be  granted 
them ;  therefore,  be  it, 

No.  1023.  Eesohed,  That  from  and  after  the  first  of  Sep-  steam  packet 
tember  next,  until  the  first  of  March,  three  hundred  feet  front  ^^^^^°°- 
of  the  wharf  immediately  adjoining  and  below  the  steamship 
landing,  in  the  first  district,  be  appropriated  exclusively  for  the 
use  of  the  aforesaid  regular  cotton  packets,  and  that  the  wharf- 
master  of  the  first  district  be  authorized  to  protect  the  boats  in 
the  rights  and  privileges  granted  in  this  resolution. 

City  Ordinance,  No.  1125.    Approved  July  28, 1853. 

No.  1024.     That  as  soon  as  the    new  nuisance  wharf  of  the  Pirogue  landing, 
second  and  third   districts  shall  be  built,  the   wharf  in  front  of 
Jackson  square,  near  St.  Ann  street,  be,  and  the  same  is  hereby 
appropriated  to  the  use  of  pirogues  and  other  small  craft. 

City  Ordinance,  No.  898. 

No.  1025.  That  permission  be,  and  the  same  is  hereby,  given  Dry  dock  and  tax 
to  Messrs.  Snow,  Grliddon  &  Co.,  to  occupy,  for  a  dry  dock,  one 
thousand  feet  of  the  levee  of  the  third  district,  (commencing  at 
the  centre  of  the  property  formerly  belonging  to  M.  Andress,  and 
extending  downward,)  for  the  space  of  ten  years  from  the  date  of 
the  approval  of  this  resolution;  on  condition  that  said  Snow, 
Gliddon  &  Co.  shall  annually  pay  into  the  city  treasury  the  sum 
of  one  hundred  dollars,  and  shall  keep  the  levee  in  front  of  said 
dry  dock  in  constant  good  repair  to  the  satisfaction  of  the  surveyor. 

City  Ordinance,  No.  665. 

No.  1026.     That  a  space  of  two  hundred  feet,  commencing  at  steamboat  land- 
the  upper  line  of  the  city,  and  from  thence  running  downwards,  ^°^* 
be  set  aside  as  a  steamboat  landing,  for  the  landing  of  stock,  etc., 
and  to  be  called  ''The  upper  steamboat  landing.^'* 

Lafayette  Ordinance,  1841,  page  115. 

*It  was  thought  that  no  new  ordinance  could  be  framed  from  the 
old  ordinances  relative  to  the  several  landings  of  different  vessels,  and 
the  rules  governing  them  and  the  port,  without  affecting  the  rights  of 
the  purchasers  of  the  wharf  contracts ;  and  the  old  ordinances  of  the 
several  corporations  are  entirely  too  numerous,  vague  and  contradictory 
for  insertion  in  this  work.  We  can  here  merely  indicate  the  works  in 
which  they  may  be  found. — See  Warfield's  Digest  of  Ordinances,  page 
110  and  111 ;  Southmayd's  Digest  of  Ordinances,  page  370  ;  Collens  and 
Morel's  Digest  of  Ordinances,  page  149  ;  Lafayette  Ordinances,  page  44 
and  49  ;  Ordinances  of  Second  Municipality,  No.  2553. 


348 


WHARVES,  WHARFAGE,  PORT,  ETC. 


NUISANCE   WHARVES   AND  BOATS. 

No.  1027.  (These  ordinances  could  not  be  incorporated  in 
this  work— they  are  Nos.  49,  242,  359,  822,  921,  1109,  1182, 
1389,  1501,  1542,  2267,  2598,  2660,  at  the  City  Hall.) 


Vehicles  on 
■wharves. 


Schooners.  No.  1028.     All  licensed  schooncrs,  or  Other  craft  trading  ex- 

clusively on  the  Mississippi  river,  and  which  may  moor  to  the 
wharves  of  the  city  of  New  Orleans,  shall  not  remain  at  the 
wharves  of  said  city  longer  than  eight  days,  after  which  time, 
when  ordered  off  by  the  wharfingers,  they  shall  in  case  of  refusal 
to  obey,  be  liable  to  a  penalty  of  five  dollars  per  day,  for  each 
and  every  day  they  may  remain  after  having  been  ordered  off  as 
aforsaid,  said  penalty  recoverable  before  any  court  of  competent 
jurisdiction. 

City  Ordinance,  No.  2229. 

No.  1029.  From  and  after  the  passage  of  this  ordinance,  no 
cart,  dray,  or  other  vehicle  shall  remain  idly  on  the  wooden  part 
of  any  of  the  wharves  of  the  city,  under  a  penalty  of  five  dollars 
for  each  offense ;  and  it  shall  be  the  duty  of  the  wharfingers  to 
order  off  from  said  wooden  parts  of  any  of  the  wharves,  all  or  any 
idle  cart,  dray  or  other  vehicle  encumbering  said  wharves ;  and 
•  should  the  person  or  persons  thus  ordered  refuse  to  obey,  the  said 
wharfinger,  shall  cause  to  be  arrested  the  person  or  persons  thus 
contravening,  and  fined  as  aforementioned,  which  fine  shall  be 
recoverable  before  any  court  of  competent  jurisdiction,  for  the 
use  of  the  city. 

City  Ordinance,  No.  2577. 

See '-Pounds,"  p.  207,  and  "Vehicles,"  p.  311. 

Salt  on  levee.  No.  1030.    Under  the  direction  of  the  wharfingers,  the  article 

of  salt  may  be,  and  the  same  is  hereby,  permitted  to  remain  on 
the  Levee  in  such  places  between  the  wharves  as  said  wharfingers 
may  designate,  for  a  period  of  not  more  than  fifteen  days,  under 
a  penalty  of  not  less  than  twenty-five  dollars,  nor  more  than  one 
hundred  dollars  per  day  for  every  day  thereafter  it  so  remains, 
.    recoverable  before  any  court  of  competent  jurisdiction. 

City  Ordinance,  No.  490. 

See  "Pounds,"  p.  207,  and  No.  962. 

ir/iereas,  by  a  resolution  of  the  late  first  municipality  council 
adopted  at  their  sitting  of  17th  July,  1851,  permission  was  grant- 
ed to  the  U.  S.  Mail  Line  Steamship  Company  to  discharge  and. 


WHARVES,  WHARFAGE,  PORT,  ETC.  349 

land  coal  on  the  levee  for  the  use  of  said  steamers;  And  whereas, 
the  large  quantity  of  coal  constantly  deposited  under  this  permis- 
sion proving  seriously  detrimental  to  the  levee  and  to  the  injury 
of  the  contractors  for  keeping  in  repair  the  levee  and  wharves, 
and  is  beyond  what  was  contemplated,  be  it  therefore, 

1031.  Eewloed,  That  the  permission  granted  to  the  U.  S.  Coai  on  levee. 
Mail  Steamship  Company  to  discharge  and  land  coal  on  the  levee 
for  the  use  of  said  steamers  be,  and  the  same  is  hereby,  so  modi- 
fied that  no  greater  quantity  of  coal  shall  at  any  one  time  be  landed 
on  the  levee  than  may  be  considered  by  the  city  surveyor  safe  for 
the  levee  to  bear,  said  U.  S.  Mail  Steamship  Company  being  also 
bound  to  make  good  all  injuries  arising  from  said  deposit  of  coal; 
and  any  infraction  of  this  resolution  shall  be  deemed  sufficient 
cause  to  annul  the  permission  so  granted  to  said  U.  S.  Mail  Line 
Steamship  Company. 

City  Ordinance,  No.  309.  * 

See  "Pounds,"  p.  207. 

No.  1032.     That  the  use  of  horses  for  loading  and  unloading  iiorses  for  load- 
of  vessels  in  the  second  district  be,  and  is  hereby,  permitted  under  ^°^' 
such  regulations  as  the  wharfinger  of  the  district  may  direct. 

City  Ordinance,  No.  713. 

For  "Canal"  regulations,  see  page  32. 
Por  Flatboats,  Basin,  etc.,  see  page  110. 

ACTS  OF  THE  LEGISLATURE. 

An  act  to  amend  an  act  entitled  ''An  act  to  amend  the  act  entitled  "An 
act  to  incorporate  the  city  of  New  Orleans,"  approved  February  17, 
1805,  and  other  acts  amending  the  same. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State    of  Louisiana  in   General  Assembly  convened.   That  all  vessels  Vessels   arriving 
arriving  in  the  port  of  New  Orleans  from  sea,  shall  be  considered  as  considered  as  ar- 
having  first  moored  within  that  municipality  wherein   they  shall  first  n\^ipfiity^^^^^re 
have  commenced  discharging   their  cargoes,    or   shall   have  remained  they  first  dis- 
forty-eight  hours,  and  the  removal  of  any  such   vessels,  steamboats  or         ° 
other  crafts  from  one  part  of  the  port  to  another  shall  only  be  made  in  Removals  how 
conformity  to  the  ordinances  that  are  now,  or  may  hereafter  be  passed 
by  the  general  council,  and  the  wharfage  shall  be  divided  between   the 
municipalities  according  to  the  ratio  fixed -by  said  ordinances. — Acts  of 
1840,  page  49. 

Sec.  24.  (1 .)  A  uniform  rate  of  wharfage  to  be  paid  by  ships,  steam- 
boats and  other  water  crafts  mooring  or  landing  in  front  of  all  parts  of 
the  city :  Provided,  that  the  said  rate  of  wharfage  shall  be  a  fixed  sum 
for  each  and  every  entire  day  that  the  said  ships,  steamboats,  and  other 
water  crafts,  remain  in  the  said  port. — Acts  of  1850,  p.  165. 


350  WHARVES,  WHARFAGE,  PORT,  ETC. 

An  act  to  amend  the  fifth  section  of  an  act  entitled  "An  act  to  amend 
the  several  acts  to  incorporate  the  city  of  New  Orleans,"  and  for 
other  purposes,  approved  March  9,  1827. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Eepresentatives  of 
Port  how  to  be  the  State  of  Louisiana  in  General  Assemble/  convened,  That  it  shall  be 
dty^councH^  ^^^  ^^^®  ^^^^  ^^  ^^^  ^^^'^  council  of  New  Orleans  so  as  to  regulate  the  port 
as  to  admit  bhips  and  other  sea  vessels  to  moor  along  the  levee,  from 
the  lower  limits  of  the  port  as  far  up  as  St.  Louis  street ;  so  as  to 
admit  steamboats  to  moor  along  the  levee  between  St.  Louis  and  Gravier 
streets,  and  to  appropriate  a  space,  in  a  central  part  of  the  levee,  not 
exceeding  one  hundred  yards,  for  the  exclusive  accommodation  of 
packet  steamboats  (navigating  the  waters  of  Louisiana)  arriving  and 
departing  weekly  on  fixed  days  and  hours. -»-Acts  of  1835,  p.  120. 

An  act  to  provide  for  a  landing  for  the  water  crafts  of  planters,  bringing 
vegetables  to  market  at  New  Orleans. 
Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  State  of  Louisiana  in  General  Assembly  convened,  That  one  third 
of  the  space  now  granted  by  the  city  council  of  New  Orleans  for  the 
landing  of  the  water  craft  of  butchers,  of  pirogues  bringing  vegetables, 
and  of  the  peddlers'  boats,  shall  hereafter  be  exclusively  appropriated 
for  the  landing  of  water  craft  of  planters  bringing  vegetables  to  the 
market  of  New  Orleans,  and  that  it  shall  be  the  duty  of  said  city  coun- 
cil to  pass  an  ordinance  to  insure  to  the  said  water  craft  of  planters 
the  exclusive  use  of  the  space  to  them  granted  by  this  act,  — Acts  of 
1830,  page  88. 

DECISIONS  OF  SUPREME  COURT. 

1. — The  erection  of  wharves  before  the  city  of  New  Orleans  and  its 
suburbs,  at  such  places  as  commerce  may  require,  is  a  legitimate 
exercise  of  municipal  power. — 6  R.  R.  349. 

2. — The  corporation  have  the  power  to  prescribe  what  portion  of  the 
port  shall  be  appropriated  to  particular  craft  and  for  what  length  of  time 
they  may  remain  ;  and  if  they  exceed  such  time,  to  consider  them  as 
nuisances,  and  cut  them  adrift  or  otherwise  remove  them. 

3. — The  ordinances  of  the  second  municipality  of  1842,  imposing  a 
wharfage  charge  on  all  packages  landed  in  or  shipped  from  the  limits  of 
the  municipality,  do  not  conflict  with  the  provisions  of  the  United  States 
Constitution,  which  give  Congress  the  exclusive  power  to  regulate  com- 
merce.—9.  R.  R.  324. 

4. — The  corporation  is  authorized  to  establish  by  ordinance  a  uniform 
rate  of  wharfage,  to  be  paid  by  ships,  steamers  and  other  vessels, 
moored  in  front  of  any  part  of  the  city. — 2  Ann.  538. 

5. — The  authority  to  impose  a  wharfage,  or  charge  on  vessels 
moored  in  the  port  of  New  Orleans,  to  defray  the  expenses  of  the 
erection  and  maintenance  of  wharves  and  other  works  necessary  for  the 
loading  and  unloading  of  vessels,  etc.,  is  not  inconsistent  with  any  law 


WEIGHTS  AND  MEASURES. — INSPECTION  OP.  351 

of  the  State,  or  of  the  United  States,  nor  with  the  Constitution  of  the 
United  States.— 2.  Ann.  538. 

6. —So  much  of  a  quay  as  is  necessary  for  the  public  use  of  loading 
and  unloading  vessels  is  public,  and  not  susceptible  of  private  ownership, 
but  the  rest  may  be  private  property.  The  word  quay  means  the  levee 
on  the  bank  of  the  river,  and  the  shore  between  the  exterior  of  the 
levee  and  the  water. — 5  La.  132. 

For  other  decisions,  see  "Batture,"  page  18;  <'New  Orleans,"  p.  165 ; 
♦'Streets,"  page  292. 


WEIGHTS  AND  MEASURES— INSPECTION  OF. 


ACTS  OF  THE  LEGISLATURE. 

An  act  relative  to  the  inspection  of  Weights  and  Measures. 
Section  1.     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  general  assembly  convened,  That  the   Governor,  Register  to  make 
at  the  expense  of  the  State,  shall  procure  or  cause  to  be   procured,  one  p^gt^ygar^^^oo^n 
complete  set  of  copper  weights,  to    correspond  with   weights   of  their  as  possible, 
like  denomination  used  by  the  revenue  officers  of  the  United   States,  in 
their  offices,  together  with  scales  for  said  weights,  and  a  stamp  or  seal, 
with  such  device  as  the  Governor  may  deem  proper ;  as  also  one   com- 
plete set  of  measures,  calculated  for  dry,  liquid  and  long   measures,  of 
the  same  capacity,  and  length  as  those  of  their  like  denomination  used 
by  such  revenue  officers  aforesaid  ;  which  set  of  weights  and  measures 
together  with  the  scales  and  stamps,  shall  be  deposited  in  the  office  of 
the  secretary  of  State,  to  serve  as  a  general  standard  of  weights  and 
measures  in  this  State. 

Sec.  2.     That  it  shall  be  the  duty  of  the  Governor  to   nominate   and  Sealersofweighls 
by  and  with  the  advice  and  consent  of  the  senate,  appoint  for    each   of  how  Appointed.  ' 
the  four  districts  of  the  city  of  New  Orleans,   a   suitable   person  as    a 
sealer  of  weights  and  measures,  and  he  shall  appoint  in  like  manner,  a 
person  in  each  of  the  respective  parishes  of  this  State,  each   of  whom  Term  of  office, 
shall  hold  the  office  for  the  term  of  two  years. 

Skc.  3.  That  it  shall  be  the  duty  of  the  person  thus  appointed,  to  Duty  of  inspec- 
visit  all  places  of  business,  in  their  district  or  parish  for  which  they  *°^^" 
are  appointed,  once  in  each  year,  and  at  any  other  time  when  on  com- 
plaint or  by  request,  their  services  may  be  required,  and  to  inspect  all 
weights  and  measures  used  in  the  places  of  business,  and  when  found 
to  correspond  with  the  standard  of  the  State,  to  seal  them  or  to  give  a 
written  certificate  of  their  correctness  ;  but  when  found  to  disagree 
with  the  the  standard  of  the  State,  the  inspector  shall  forbid  their  fur- 
ther use,  until  they  shall  have  been  corrected,  approved  and  sealed. 
It  shall  also  be  the  duty  of  the  inspectors  to  attend  upon  all  calls  made 
upon  them  for  performing  the  duties  of  their  office. 


o52  WEIGHTS  AND  MEASURES— INSPECTION  OF. 

Penalty  incurred  Sec.  4.  That  it  shall  be  the  duty  of  each  inspector  to  see  that  no 
neglecting  cer-  Other  weights  and  measures  but  those  established  by  law,  be  made  use 
tain  duties.  ^^  within  the  limits  of  this  State,  and  in  case  of  negligence    or  breach  on 

the  part  of  the    inspector,   he  shall  be  condemned  to   pay  a   fine   not 
Regulations  to  be  exceeding  two  hundred  nor  less  than  one]  hundred   dollars.      The  com- 
mon council  ^^°^'  ^^^  council  of  New  Orleans  are  authorized  to  pass  regulations  or   ordi- 
nances relative  to  the  police  of  weights  and  measures,  to  insure  within  the 
city  of  New  Orleans  the  execution  of  this  law. 
Weights  and  Sec.  5.     That  each  parish,  as  soon  as  practicable,    shall  be  provided 

padsh.'^^''  ^^^^^    ^t  the  expense  of  such  parish,  with  a  set  of  weights  and  measures,  and 
a  stamp  conformable  to  those  hereinbefore   set  forth,    the   same  to  be 
kept  by  the  parish  recorder. 
Inspectors  in  N.      Sec.   6.     That  the  inspectors  for  the  four  districts   of  the  city  of  New 
cure^weighte  aud  Orleans   shall  procure  a  set  of  weights  and  %ieasures   at  the  expense  of 

measures  at  ex-  ^j^g  ^^^^ 
pense  of  the  city.  -^ 

Sec.  7.     That  the  appointed  sealer  of  weights  and  measures  shall  be 
entitl  ed  to  and  receive  the  following  fees  : 
Fees.  For  each  yearly   visit  and  inspection  of  a  full  set   of  steelyards,    or 

of  scales  with  their  weights,  or  of  balances  with  their  weights,  or  of 
a  bushel  measure  and  its  parts,  or  of  a  gallon  measure  and  its  parts, 
or  a  set  of  yard-sticks,  they  shall  receive  twenty-five  cents,  and  no 
more  ;  for  sealing  each  weight  and  measure,  five  cents  ;  for  the  exami- 
nation of  each  platform  scale,  cotton  and  tobacco  scale,  and  its  apparatus, 
fifty  cents,  and  for  sealing  the  same  fifty  cents  ;  the  fees  in  all  cases 
to  be  paid  by  the  owners  of  the  weights  and  measures  inspected  and 
sealed.  The  stamp  shall  be  impressed,  and  payment  required  for  doing 
the  same  only  on  such  as  have  not  been  stamped,  or  such  as  having  once 
been  stamped  are  found  so  defective  as  to  require  to  be  regulated  with 
the  standard. 
Vacancies,  how  Sec.  8.  That  in  case  of  vacancy  by  death  or  resignation,  the  Gover- 
^^^®^*  nor  shall  have  power  to  appoint. 

Inspectors  power       Sec.  9.     That  the  inspectors   only   shall   have   the  power    to  stamp 
and  ^asures.  ^  ^^^  weights  and  measures,  and  upon  the  stamp   shall  be  the  initials  of 

the  inspector's  name. 
Penalty  for  buy-       Sec.  10.     That  no  person  shall  buy  or  sell  any  commodity  whatsoever, 
anv"other*°sta/-  ^J  weight  or  measure,  which   does  not  correspond  with   the   aforesaid 
dard.  standard,  or  are  not  stamped  after  thd  said  parishes  have  procured   the 

standard  of  weights  and  measures  as  aforesaid  ;  nor  shall  keep  any  such 
weights  or  measures  for  the  purpose  of  buying  or  selling  thereby,  under 
the  penalty  of  fifty  dollars  for  each  offense  ;  besides  the  forfeiture  of 
the  weights  and  measures  found  to  be  false,  and  of  a  fine  of  ten  dollars 
when  the  weights  and  measures  shall  be  found  to  be  just  though  not 
stamped  ;  said  fine  to  be  recovered  before  any  tribunal  of  competent 
jurisdiction  ;  one-half  to  the  benefit  of  the  informer,  and  the  other 
half  to  the  parish  in  which  the  offender  resides ;  all  weights  and 
measures  seized  shall  be  forfeited  for  the  benefit  of  the  stamper,  who 
shall  not  return  them  into  circulation  until  he  has  made  them  confor- 
mable to  his  standard. 


WORK-HOUSE,  PRISONS,  ETC.  353 

Sec.  11.     That  whoever  shall  make,  or  cause  to  be  made  use  of,   or  Penalty  for  using 
shall  utter  false  stamps  or  seals,  shall,  on  conviction  thereof,  be  subjected  ggaig.^  amps  or 
to  all  the  pains  and  penalties  of  forgery  under  the  lavrs  of  this  State. 

Sec.  12.     That  it  is  forbidden  to  sell  or  cause  to  be  sold,  measures  and  Penalty  for  sell- 

weights  unless  they  have  been  tried  and  stamped,   by  persons  appointed  measures'and 

for  that  purpose,   under  the  penalties  imposed  by  the  second  preceding  weights. 

section. 

Sec.  13.     That  the  person  appointed  to  inspect  and  seal  weights  and  What  assistance 
r  rr  l  o  inspectors  may 

measures,  may  employ  assistance  when  necessary,  at  their  own  expense,  employ. 

but  shall  not  commit  their  functions  to  a  substitute  without  being  subject 

to  dismissal  from  office  by  the  Governor. 

Sec.  14.    That  there  shall  be  in  this  State,  a  dry  measure,  to  be  known  Barrel,  half  and 
under  the  name  of  barrel,  which  shall  contain  three  and  a  quarter  bush-  ^^^^  ^^ 
els,  according  to  the  American  standard,   and  shall  be  divided  into  half 
and  quarter  barrels. 

Sec.  15.     That  coal  shall  be  sold  by  the  barrel  or  bushel  measure  ;  Coal,  by  what 
grain  shall  be  sold  by  the  barrel,  bushel  or  weight ;  the  legal  weight  of  a  ™^*s^^^  ^^^^- 
bushel  of  wheat  shall  be  sixty  pounds  ;  of  a  bushel  of  corn  fifty-six  Legal  weight  of  a 
pounds ;  of  a  bushel  of  oats  thirty-two  pounds ;  of  a  bushel  of  barley  ^^^"®^- 
thirty-two  pounds,  and  of  a  bushel  of  rye  thirty-two  pounds. 

Sec.  16.     That  it  shall  be  the  duty  of  each   inspector,  in  the  city  of  Return  to  be 
New  Orleans,  to  make  quarterly  returns  under  oath,  to  the  treasurer  of  ^y  inspectors  to 
the  State,  of  all  the  moneys  collected  for  fines,  together  with  a  written  gjjrer^**^^    ^^^^ 
statement  thereof. 

Sec.  17.     That  all  laws  contrary  to  the  provisions  of  this  act,  and  all  Certain  laws  re. 
laws  on  the  same  subject-matter,  except  what  is  contained  in  the  Civil  ^^^  ^^ ' 
Code  or  Code  of  Practice,  be  repealed, — Acts  of  1855,  page  360. 


WOODEN  BUILDINGS— See  "  Buildings,''  page  30. 


WOEK-HOUSE,    PEISONS,   ETC. 

No.  1033.  (1.)  From  and  after  the  passage  of  this  ordinance  City  police  jail, 
the  police  jail  of  the  second  district  shall  be  the  police  jail  for 
the  whole  city  of  New  Orleans,  and  all  the  commitments  made 
by  the  recorders  of  the  several  districts  shall  be  to  said  jail,  and 
that  the  power  of  release  shall  be  vested  in  the  recorder  who 
shall  have  made  the  commitment. 

No.  1034.     (2.)  That  the  offices  of  keepers  of  the  police  jails  Certain  offices 
of  the  first,  third  and  fourth  districts  be,  and  they  are  hereby 
abolished.     And  the  chief  of  police  be  and  he  is  hereby  directed 
45 


354 


WORK-HOUSE,  PRISONS,  ETC. 


First  district 
lock  up. 


Warden  and  de- 
puty warden. 


to  have  all  persons  now  in  the  police  jails  of  the  first,  third  and 
fourth  districts,  removed  to  the  jail  of  the  second  district. 

No.  1035.  (3.)  That  the  building  now  used  as  a  police  jail 
of  the  first  district  be,  and  the  same  is  hereby  appropriated  as  an 
additional  lock-up  for  said  district.  And  all  ordinances  or  parts 
of  ordinances  contrary  to  the  provisions  of  this  ordinance  be,  and 
they  are  hereby  repealed. 

City  Ordinance,  No.  1621. 

No.  1036.  (1.)  From  and  after  the  passage  of  this  ordinance, 
and  annually  thereafter,  the  common  council  shall  elect  one  war- 
den and  one  deputy  warden  of  the  city  work-house  and  prison,  to 
take  office  on  the  first  day  of  May. 

Duty  of  warden.  No.  1037.  (2.)  It  shall  be  the  duty  of  the  principal  warden 
of  the  work-house  and  prison  to  keep  in  secure  custody  all  the 
prisoners  committed  to  the  work -house  and  prison,  according  to 
law ;  to  superintend  their  labor  and  employment ;  to  keep  a  reg- 
ister of  all  the  prisoners,  and  a  list  of  all  the  tools  and  pro|)erty 
committed  to  his  charge  for  the  use  of  the  prisoners,  or  manufac- 
tured by  them,  and  to  carry  into  efi'ect  all  ordinances  of  this 
council  relative  to  the  custody,  feeding,  employment  and  disci- 
pline of  the  prisoners. 

No.  1038.  (3.)  He  shall  furnish  a  quarterly  statement  of  all 
expenses  incurred,  the  amount  of  sales,  of  fees,  etc.,  collected ; 
together  with  a  statement  of  the  number  of  persons  committed, 
their  ages,  occupations,  places  of  birth,  and  if  citizens.  Also,  a 
monthly  account  to  the  council  of  all  expenses  for  prisoners' 
clothing  and  material;  and,  for  the  faithful  performance  of  his 
duties  he  shall  furnish  security  in  the  sum  of  five  thousand  dol- 
lars. 

No.  1039.  (4.)  It  shall  be  the  duty  of  the  deputy  warden  to 
assist  the  principal  warden  in  the  discharge  of  his  duties,  and 
obey  his  directions, -and  shall  furnish  security  in  the  sum  of  one 
thousand  dollars. 

Wardens  officers.  No.  1040.  (5.)  The  principal  warden  shall  have  power  to 
appoint  one  clerk,  eight  under-wardens  and  two  night-watchmen, 
subject  to  the  approval  of  the  board  of  aldermen,  and  whose 
duties  shall  be  defined  by  the  committees  on  prisons  and  court 
houses  of  the  council  and  the  principal  warden,  and  who  shall 
furnish  security  in  the  sum  of  five  hundred  dollars. 

Amended.    See  No.  1063. 


His  reports. 


Duty   of  deputy 
warden,  etc. 


WORK-HOUSE,  PRISONS,  ETC.  355 

-  No.  1041.     (6.)  The  salaries  of  the  officers  shall  be  as  follows:  Salaries. 

Principal  warden. $1500  per  annum. 

Deputy  warden 900         ^^ 

Clerk         "         700         '^ 

Under  wardens,  each 600         '^ 

Night   watch,  each., 540         '^ 

Amended.    See  No.  1054. 

No.  1042.  (7.)  It  shall  be  the  duty  of  the  principal  warden.  Neglect  of  duty. 
in  case  of  dereliction  of  duty,  on  the  part  of  any  of  the  officers 
of  said  work-house  and  prison,  to  suspend  such  officer  or  officers 
from  duty,  and  at  once  report  such  suspension  with  the  causes,  to 
the  chairman  of  the  committee  on  prisons  and  court-houses  of 
this  council,  who  shall  examine  said  charges,  and  report  to  the 
common  council. 

No.   1043.     (8.)  The  principal  warden  shall  make  out  an  es-  supplies, 
timate,  monthly,  for  the  supplies  necessary,  and  shall  ask  an  ap- 
propriation from  the  council  for  the  settlement  of  all  bills  month- 
ly, upon  a  warrant  from  the  comptroller,  which  shall  be  referred 
to  the  council. 

No.  1044.     (9.)  It  shall  be  the  duty  of  the  principal  warden  Cannon  to  be 
to  have  the  cannon  regularly  fired  in  the  yard  of  the  work-house 
and  prison,   according   to  the  ordinance  regulating  the  hour  at 
which  slaves  or  blacks  may  be  upon  the  streets. 

No.  1045.     (10.)  The  rate  for  keeping  vagrants  sent  from  the  Vagrants  from 
parish  of  Je%p;on  (not  including  the   fourth  district)  shall  be  ferson. 
twenty-five  cents  per  day  for  each  person. 

No.  1046.  (11.)  That  the  committees  on  prisons  and  court- 
houses of  this  council  be  authorized  to  furnish  rules  and  regula- 
tions for  the  government  of  the  officers  of  the  work -house  and 
prison,  as  well  as  rules  as  to  the  time  which  shall  be'  devoted  to 
labor  by  the  prisoners. 

City  Ordinance,  No,  351.    Approved  Nov.  5,  1852, 

No.  1047.  (1.)  From  and  after  the  passage  of  this  ordinance,  Keport  of  corn- 
it  shall  be  the  duty  of  the  clerks  of  the  recorders  of  .their  res-  °^*"*^^- 
pective  districts,  to  make  out  and  furnish,  once  a  week,  to  the 
committee  on  work-house  and  prisons,  a  correct  list  of  all  persons 
committed,  to  the  city  work-house  by  the  recorders  of  the  several 
districts,  stating  what  time  sent  to  the  work-house,  and  for  what 
length  of  time  committed,  their  name,  etc. 

No.  1048.     (2.)  That  the  warden  of  the  city  work-house  be,  Wardens  report, 
and  he  is  hereby  rec][uired  to  make  a  correct  report  of  all  prisoners 


856 


WORK-HOUSE,  PRISONS,  ETC. 


Provisions. 


Requisitions. 


Wardens  ac- 
counts. 


Bepealing  clause. 


Officers  of  the 
•workhouse. 


received  at  the  work-house  of  their  several  districts,  once  a 
week,  to  be  checked  and  balanced  with  the  report  of  the  record- 
er's clerk,  giving  the  name  and  the  time  committed,  and  when 
discharged. 

No.  1049.  (3.)  Hereafter  the  account  of  provision  used  for  the 
subsistence  of  prisoners  in  the  city  work-house  shall  be  provided 
for  in  the  same  manner  as  now  is  provided  for  in  the  commissary 
of  subsistence  department  of  the  United  States  Army^  supplying 
rations  for  troops,  etc.,  for  each  prisoner  committed  to  the  work- 
house, and  it  shall  be  the  duty  to  keep  a  correct  account  of  ra- 
tions served  out  per  day,  and  report  the  total  amount  of  prisoners 
entitled  to  rations  from  week  to  week,  stating  total  amount  of 
rations  consumed  by  said  prisoners. 

No.  1050.  (4.)  From  and  after  the  passage  of  this  ordinance, 
all  requisitions  made  by  the  warden  of  the  work-house  for  mate- 
rials or  for  provision  for  the  use  of  the  work-house,  shall  be  made 
by  the  consent  of  the  committee  on  work-houses  and  prisons, 
who  shall  alone  purchase,  or  authorize  to  be  purchased,  such 
supplies  as  may  be  necessary,  and  also  to  check  and  examine  all 
accounts  and  bills  for  provisions  purchased,  and  report  to  the 
council  the  appropriation  that  may  be  required  for  the  payment 
of  such  bills  monthly. 

No.  1051.  (5.)  It  shall  be  the  duty  of  the  warden  of  the 
work-house  to  keep  a  correct  account  of  all  old  articles,  viz : 
engines,  hose  carriages,  hose,  furniture,  etc.,  sent  to  or  received 
in  the  work-house ;  he  shall  also  keep,  or  cause  to  be  kept,  a  book 
containing  a  list  of  all  such  articles  sent,  and  receipt  for  the  same 
when  sent,  and  on  the  last  day  of  each  month  to  make  a  correct 
report  and  account  of  such  stock  on  hand,  which  shall,* by  the 
common  council  be  ordered  to  be  sold,  and  the  amount  of  pro- 
ceeds paid  into  the  treasury  of  the  city. 

No.  1052.  (6.)  That  all  ordinances  or  parts  of  ordinances 
conflicting  with  this  ordinance  be,  and  the  same  is  hereby  repealed. 

City  Ordinance,  No.  1608.    Approved  June  24,  1854. 

No.  1053.  From  and  after  the  passage  of  this  ordinance, 
the  officers  and  employees  of  the  city  work-house  shall  consist  of 
one  warden,  one  deputy  warden,  six  under  wardens,  two  night 
watchmen,  which  officers  shall  perform  all  the  duties  now  im- 
posed upon  the  officers  of  the  said  work-house  by  existing  ordi- 
nances, or  those  that  may  be  hereafter  passed,  and  it  shall  be  the 
duty  of  the  warden  or  deputy  warden  to  perform  the  duties  of 
clerk,  which  office  shall  be,  and  is  hereby  abolished. 


WORK-HOUSE,  PRISONS,  ETC.  867 

That  all  ordinances  or  parts  of  ordinances  contrary  to  or 
conflicting  with  this  ordinance  be,  and  they  arc  hereby  repealed. 

City  Ordinance,  No.  2150. 

No.  1054.     That   from    and  after    the   first    day    of    May  salary  of  warden, 
next,  1855,  the  salary  of  the   chief  warden  of  the  city  work- 
house be,  and  the  same  is  hereby  fixed  at  twelve  hundred  dollars 
per  annum. 

That  from  and  after  the  first  day  of  May  next,  it  shall 
be  the  duty  of  the  chief  warden  of  the  city  work-house  to  per- 
form all  the  duties  of  clerk  of  the  city  work-house,  together  with 
the  duties  appertaining  to  his  said  office  of  chief  warden. 

City  Ordinance,  No.  2139. 

No.  1055.     That  the  captains  of  police  of  the  several  districts  charge  for  sup- 
be,  and  are  hereby  allowed  for  the  maintenance  and  support  of  ^^^  °  ^^  sonere. 
prisoners  in  their  charge,  the  sum  of  ten  cents  per  day  for  each 
and  every  prisoner.     The  vouchers   for   same   to  be   presented 
monthly,  after  having  been  approved  by  the  chief  of  police. 

City  Ordinance,  No.  450. 

No.   1056.     Hereafter  the    wardens    of  the    city  work-house  Employment   of 
shall  not  be  authorized  to  employ  the   prisoners  confined  therein 
in   the    manufacturing   of  furniture  or    other   work,  unless,  by 
authority  of  an  order  from  the   committee  on  prisons  and   court 
houses  of  this  council. 

City  Ordinance,  No.  399. 

No.    1057.  Any  officer  absenting  himself  from  his  post,  in  the  officers  absent- 
employ  of  the  city  work-house  without  leave  of  the  chief  warden,  '°^    ^™^^  ^^^' 
shall  lose  the  amount  of  his  or  their  salary  during  said  absence, 
except  in  cases  of  sickness,  and  it  shall  be  the   duty  of  the  clerk 
of  the  city  work-house,  to  report  the   same  to  the  committee  on 
work-house  and  prisons,  whenever  the  same  may  occur. 

City  Ordinance,  No.  2520. 

No.  1058.     That   the  city  physician    be,    and   he   is    hereby  Sick  prisoners, 
authorized  to  have  removed  all  such  vagrants  and  others,   com- 
mitted to  the  city  work-house,  who  may  be  sick,  to  the   charity 
hospital,  upon  the  written  consent  of  the  recorders  so  committing 
said  persons. 

City  Ordinance,  No.  2615. 

No.  1059.  From  and  after  the  passage  of  this  resolution,  the  sheriffs  compen- 
compensation  of  the  sheriiF  of  the  parish  of  Orleans,  for  the  keep-  i^ngprisoner^?*^' 
ing  of  all  prisoners  in  the  parish  prison,  and  for  which  the  city 


o58  WORK-HOUSE,  PRISONS,  ETC. 

is  liable,  be,  and  the  same  is  hereby  fixed  at  twenty  cents  per 
{lay  for  each  prisoner,  and  no  more;  and  that  the  jail,  or  turnkey's 
fees  on  the  release  of  each  prisoner,  shall  not  exceed  twenty-five 
cents. 

City  Ordinance,  No.  2875. 

An  Ordinance  to  provide  for  the  sale  of  the  lease  of  the  New   Orleans 
City  Work-House. 

Sale  of  lease  of  No.  1060.  (1.)  Bg  it  ordained  that  the  comptroller  is  hereby 
directed  to  sell  at  public  auction,  after  ten  days'  notice  in  the 
official  journal,  the  contract  for  the  lease  of  the  city  work-house 
for  the  term  of  five  years  from  the  first  day  of  August,  1856. 
Said  sale  subject  to  the  approval  or  rejection  of  the  common 
council,  and  upon  the  conditions  hereinafter  set  forth. 

Price— how  pay-      No.  1061.  (2.)  That  Said  sale  shall  be  at  so  much  per  annum, 

*^^^'  for  which  the  lessee  shall  give  his  notes   payable  monthly,  and 

endorsed  to  the  satisfaction  of  the  finance  committees  of  the 
common  council,  and  further,  said  lessee  shall  enter  into  bond 
with  good  and  solvent  security,  to  be  approved  by  the  finance 
committees,  in  the  sum  of  five  thousand  dollars  for  the  faithful 
performance  of  all  the  conditions  of  his  contract. 

Lessee  ta  take  No.  1062.     (3.)  The  Icsscc  shall  bind  himself  to  take  charge 

c  arge,  e  c.  ^^  ^^.^  work-housc,  and  conduct  it  at  his  own  expense  and  pay  the 

salaries  of  all  officers  provided  by  this  ordinance,  and  expenses 
for  the  maintenance  of  prisoners,  and  shall  keep  the  buildings, 
walls  and  fences  in  good  order  and  condition  during  the  whole 
term  of  the  lease. 

Labor  of  prison-  No.  1063.  (4.)  The  labor  of  the  prisoners  shall  be  for  the 
benefit  of  the  lessee,  and  he  shall  have  the  right  to  employ  said 
prisoners  at  any  mechanical  or  other  labor  within  the  walls  of 
the  prison,  but  no  prisoner  shall  be  compelled  to  labor  more 
than  twelve  hours  per  day. 

Labor  of  prison-  No.  1064.  (5.)  No  prisoner  shall  be  compelled  to  labor, 
when  in  the  opinion  of  the  city  physician,  or  the  committees  of 
work -house  and  prisons,  that  such  labor  would  be  injurious  to 
health  or  dangerous  to  life. 

Offlcere.  No.  1065.     (6.)  That  the   lessee  shall    appoint,    and  at   all 

times  have  in  charge  of  said  work-house,  one  chief  warden, 
whose  duty  it  shall  be  to  take  charge  of  and  supervise  all  of  the 
affairs  of  said  work-house.  Also,  five  under  wardens,  who  shall 
assist  him  in  the  performance  of  his  duties.  Also,  two  night 
watchmen,  and  all  of  said  officers  shall  have  the  same  police 
powers  and  be  commissioned  as  under  existing  ordinances. 


WORK-HOUSE,  PRISONS,  ETC.  359 

No.  1066.  (7.)  That  the  lessee  shall  neither  receive  nor  Reception  and 
discharge  any  prisoners,  except  upon  the  order  of  a  duly  autho-  oners,  etc. 
rized  magistrate.  Nor  shall  any  fees  or  fines  be  collected  from 
prisoners,  except,  upon  the  written  order  of  such  magistrate, 
and  a  true  and  just  account  shall  be  kept  of  all  fees  and  fines 
collected,  and  at  the  end  of  each  and  every  week  the  same  shall 
be  reported  under  oath  to  the  comptroller  and  paid  into  the 
treasury  of  the  city. 

No.  1067.  (8.)  That  the  lessee  of  said  work-house  shall  Keeping  ofpris- 
receive  all  prisoners  committed  to  the  same  by  the  various 
magistrates  of  the  city,  and  faithfully  guard  and  keep  them, 
until  discharged,  by  due  process  of  law;  and  for  each  and  every 
escape  from  said  prison,  said  lessee  shall  be  liable  for  a  fine  of 
twenty-five  dollars,  recoverable  before  any  court  of  competent 
jurisdiction. 

No.   1068.     (9.)  That  the  lessee  of  said  work-house  shall  fur- Their  rations, 
nish  to  the  prisoners  the  same  rations,  clothes,    etc.,  as  are  fur-  *^°*  *''''  ^^^' 
nished  under  existing  ordinances  and  regulations,   and  the   same 
shall  be   of  a  sound  and  wholesome   character,  and  at  all  times 
subject  to  the  inspection  of  the  commitlees    of  work-houses  and 
prisons. 

No.  1069.     (10.)  That    the    city  physician,  mayor,  recorders  city  officers  to 
and  members  of  the    council,  shall  at  all  times   have  free   access    ^^*^  ^*^^^''''^' 
to  the  work-house,  in  order  to  ascertain  if  all    the    requirements 
are  complied  with  by  the  lessee. 

No.  1070.     (11.)  That  the    common  council   shall  have  the  Neglect  of  lessee 
right,  in  case  of  the   neglect  or   refusal  of  the  lessee   to  comply 
with  the  terms  and  conditions  of  this  ordinance,    to  make  good 
the  same  at  his  expense. 

No.  1071.  (12.)  An  inventory  shall  be  made  of  the  utensils  utensils,  mate- 
and  materials  in  the  city  work-house,  at  the  time  of  the  sale  of  "^^^'  ®*'^' 
the  contract,  and  a  valuation  shall  be  made  by  the  competent 
appraisers.  One  to  be  appointed  by  the  mayor,  one  by  the 
lessee,  and  one  to  be  chosen  by  them  in  case  of  disagreement. 
The  lessee  shall  receive  said  fixtures,  materials,  etc.,  at  the 
valuation  made  as  aforesaid,  and  at  the  expiration  of  said  lease 
an  inventory  and  appraisement  shall  be  made,  and  the  lessee  or 
the  city,  as  the  case  may  be,  shall  pay  to  the  other  the  difference 
in  value  of  said  fixtures,  utensils,  etc.,  provided  all  fixtures, 
utensils,  etc.,  now  on  hand  not  needed  by  the  lessee,  may  be 
rejected  by  him,  before  appraisement,  the  same  shall  be  sold  at 
public  auction  for  the  benefit  of  the  city,  and  all  fixtures,    uten- 


360  WORK-HOUSE,  PRISONS,  ETC. 

sils,  and  materials  on  hand  at  tlie  expiration  of  tlie  lease,  not 
needed  by  tlie  city,  also  may  in  a  like  manner  be  rejected,  and 
disposed  of  as  the  lessee  may  seem  proper. 

utensils,  mate-         No.  1072.     (13.)  All  materials  on  hand  at  the  time  of  tlie  salc 

nas, e,r.  ^^  ^-^^  Icasc,  which  may  be  needed  by  the  lessee  to  carry  on  said 

workhouse,  and  which  may  have  been  selected  and  appraised,  as 
provided  for  in  section  twelve  of  this  ordinance,  shall  be  paid  for 
in  cash  to  the  city  treasurer ;  and  at  the  expiration  of  said  lease, 
the  city  shall  pay  to  the  lessee  the  amount  in  cash  at  the  appraise- 
ment as  aforesaid. 

Recora  of  prison-  No.  1073.  (H-)  That  the  Icssec  shall  keep  a  truc  and  faith- 
ful record  of  all  prisoners  committed  to  the  said  workhouse,  with 
the  name,  age  and  nativity  of  each  prisoner,  by  whom  committed, 
date  of  commitment,  specified  time  and  date  of  release,  and  a  copy 
of  said  record  shall  be  made  under  oath,  and  reported  to  the 
common  council  on  the  1st  day  of  January  of  each  year. 

Violation  of  con-  No.  1074.  (15.)  That  a  failure  or  refusal  on  the  part  of  the 
lessee  to  comply  with  any  of  the  conditions  or  terms  of  the  con- 
tract, after  due  notice  shall  have  been  given  by  a  resolution  of 
the  common  council,  within  ten  days  after  its  promulgation,  shall 
make  a  forfeiture  of  said  contract,  or  subject  the  lessee  to  a  fine 
of  not  over  two  hundred  and  fifty  dollars,  the  same  at  the  option 
of  the  common  council. 

Former  police  No.  1075.     (16.)  That  all  the  poHce  regulations  now  in  forco 

concerning  the  government  or  disciplin  of  said  workhouse,  and 
not  conflicting  with  this  ordinance,  shall  remain  in  full  force. 

Repeaiins?  clause.  ]sf^)^  1076.  (17.)  That  all  ordinances  or  parts  of  Ordinances,  Con- 
flicting with  this  ordinance,  be,  and  the  same  nro  hereby  repealed. 

City  Orflinance,  No.  2824.    Approved  July  7tli,  1855. 

ACTS  OF  THE  LEGISLATURE. 

An  act  io  establish  Work-houses  and  Houses  of  Refuge  by  the  several 
municipalities  of  the  city  of  New  Orleans,  and  for  other  purposes. 
S-ECTiON  1 .  jBe  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Work  house.         fjie  State  of  Louisiana  in    General   Assembly   convened,  That  the  council 
of  each  municipality  of   the   city  of  New  Orleans  be,  and  they    are 
hereby  authorized  to  establish   within  their  respective  limits,  a  work- 
house or  prison,  and  enact  the  requisite  ordinances  for  the  government 
of  the  same  ;  in  which  shall  be  confined  and  employed  all  persons  le- 
gally committed  by    any   magistrate  authorized  to    commit   vagrants. 
House  of  lefuge.  They  shall  moreover  be,  and  they  are  hereby   authorized  to  establish, 
within  their  respective  limits,  a  house  of  refuge,  for   the    detention  of 
juvenile  offenders,  and  there  to  employ  them  in  such  way  as  to  the  coun- 
cil may  appear  proper. 


WORK-HOUSE,  PRISONS,  ETC.  S61 

Sec.  2.  That  as  soon  as  any  of  the  municipalities  shall  erect  suitable  Powers  granted 
work-houses  as  hereinbefore  provided,  the  council  of  said  municipality  °  ®  counci . 
in  which  such  work-house  or  prison  be  established,  shall  be  vested  with 
all  the  powers  now  exercised  by  the  police  jury  within  the  limits  of  such 
municipality,  as  regards  said  work-houses,  and  the  parish  treasury  shall 
pay  on  the  warrant  of  the  mayor  of  the  city  of  New  Orleans,  to  the 
municipalities  in  which  said  work-house  or  work-houses  are  established 
thirty-seven  and  a  half  cents  for  each  of  the  persons  detained  in  said 
work-house  or  work-houses  for  every  day  during  which  said  persons 
are  detained  or  imprisoned. 

Sec.  3.  That  t,he  judge  of  the  criminal  court  be  authorized   and   em-  Confinement  in 
powered  to  sentence  all  persons  under  the  age  of  fifteen  years,  convicted  fuL.     ^^       ^'^' 
of  any  crime,  excepting  for  capital  offenses,  committed  within  either 
municipality  where  a  house   of  refuge  is  established,  to  be  confined 
within  said  house  of  refuge. 

Sec.  4.  That  all  persons  being  able  to  work,  and  having  neither  pro-  Tagrants. 
fession,  nor  trade,  nor  any  dwelling  place,  nor  any  visible  property 
wherewith  to  maintain  themselves,  shall  live  idle,  those  who  habitually 
frequent  grog  shops  or  gaming  houses,  or  other  disorderly  places,  or 
found  wandering  about  at  an  unseasonable  hour  of  the  night,  who  are 
unable  to  show  what  resources  they  possess,  or  unable  to  produce  cred- 
itable testimony  of  their  good  conduct  and  morals  :  or  those  who  lodge 
in  out-houses,  market  places,  sheds  or  barns,  or  in  the  open  air,  and 
who  shall  not  be  able  to  give  some  account  of  themselves  and  their  oc- 
cupation nor  be  avowed  by  some  credible  person  ;  all  persons  appre- 
hended with  any  picklock  or  other  instrument  with  probable  intention 
feloniously  to  break  and  enter  any  dwelling  house  or  other  house,  or 
with  any  offensive  weapon  with  probable  intent  feloniously  to  assault 
any  person,  or  who  shall  be  found  in  any  dwelling  house,  out-house, 
store,  yard  or  garden,  with  probable  intent  to  steal,  or  who  shall  give  a 
false  account  of  themselves  after  warning  of  the  consequences,  shall  be 
deemed  vagrants. 

Sec.  5.  That  any  person  charged  with  any  of  the  aforesaid  offenses  Security'required 
shall  upon  conviction  before  the  mayor,  or  recorder,  or  any   alderman  ^*  vagrants, 
of  any  of  the  municipalities  of  New  Orleans,  be  condemned  to  give  se- 
curity for  their  good  behavior  in  such  sum  and  for  such  time  as  to   the 
said  mayor,  recorder,  or  alderman,  may  appear  reasonable,  and  in  case 
of  refusal  or  inability  to  furnish  the   security  required,  said  mayor, 
recorder,  or  alderman,  shall  thereupon  be   authorized  to   commit  them  imprisonment  in 
to  the  parish  jail  in  the  city  of  New  Orleans,  or  to  the  work-house  or  ^^rk  hours, 
house  of  refuge  aforesaid,  if  established  by  either  of  the  municipalities 
in  which  such  person  may  have  been  arrested,  therein  to  be  kept  at  hard 
labor  until  they  furnish  the  security  required,  or  for  a  time  not  exceed- 
ing thirty  days. 

Sec.  6.  That  any  person  who  shall  have  been   convicted  for  any  of  Incorrigible   va- 
the  offenses  mentioned  in  this  act,  shall,  upon  a  second  conviction  under  S^*°*^" 
the  same,  be  deemed  an  incorrigible  vagrant,  and  shall  be  condemned 
by  the  mayor,  recorder,  or  alderman  to  give  security  for  their  good  be- 
havior in  such  sum  and  for  such  time  as  to  the  mayor,  recorder,  or 
46 


362  WORK-HOUSE,  PRISONS,  ETC. 

alderman  may  appear  reasonable ;  and  in  case  of  refusal  or  inability  to 
furnish  the  security  required,  said  mayor,  recorder,  or  alderman   shall 
thereupon  be  authorized  to  condemn  them  to  be  committed  to  the  parish 
Penalty.  jail,  work-house  or  house  of  refuge  aforesaid,  there  to  be  kept  at  hard 

labor  until  the  security  required,  be  furnished,  or  for  a  time  not  exceed- 
ing one  year  :  Provided  that  nothing  herein  contained  may  be  construed 
to  deprive  any  person  of  the  trial  by  jury  when  it  may  be  prayed  for. 

Powers  of  the  Sec.  7.  That  in  any  case  where  a  person   committed  under  this  act 

criminal    courts.     ,    ,,     ,   .  .  , 

Shall  claim  a  trial  by  jury,  it  shall  be  lawful  for  the  criminal  court  of 

the  first  district  to  take  cognizance  of  the  same  and  to  afford  a  trial  as 

provided  by  law  for  other  criminal  oifenses,  but  nothing  in  this  act  shall 

be  construed  as  ireaning  that  any  such  person  shall  be  released   in  the 

mean  time  from   commitment  in   the   work-house,  prison,  or  house  of 

refuge  aforesaid,  until  acquitted  by  the  jury,  or  imtil  the  expiration  of 

the  term  of  commitment. 

Bonds    reciuircd       Sec.  8.  That  in  all  cases   where   any  person  may   be  sentenced  to 
to  guarantee   de-  .   ,  .         .         ,  .  ,  .  ,  ,  ,     „ 

parture  from  the-  punishment  under  this  act,  the  mayor,  or  either  of  the  recorders   shall 

^'**°'  have  power  to  discharge  the  person,  so  sentenced,  from  punishment  in 

case  of  conviction,  on  such  person  giving  bond  with  one  or  more  good 
and  sufficient  sureties,  in  a  sum  to  be  fixed  by  the  mayor,  or  either  of 
the  recorders  aforesaid,  according  to  the  nature  of  the  case,  conditioned 
that  the  person  so  sentenced  will  depart  and  remain  out  of  the  State, 
until  he  shall  have  procured  the  means  of  subsistence  ;  provided,  how- 
ever, that  such  sureties  shall  only  be  responsible  in  case  such  person 
shall  not  depart  out  of  the  State  within  the  time  specified  in  said  bond; 
and  in  case  the  person  so  convicted  and  sentenced  as  aforesaid,  shall  be 
found  at  large  within  the  State  after  the  time  mentioned  in  said  bond 
for  departing  the  State,  such  person  shall  be  liable  to  his  former  sen- 
tence, and  moreover  to  one  year's  imprisonment  at  hard  labor  in  addition 
thereto. 

The  present  act       Sec.  9.  That  all  the  provisions  of  this  act  shall  apply  to  the   parish 

sou  parish.  "  of  Jefferson ;  that  the  powers  vested  thereby,  in  the  mayor,  recorder 
and  aldermen,  are  hereby  conferred  upon  the  parish  judge  of  the  parish 
of  Jefferson,  the  judge  of  the  city  court  of  Lafayette,  the  president 
of  the  board  of  council  of  said  city  and  the  several  justices  of  the  peace 
of  the  parish  of  Jefferson ;  Provided,  however,  that  nothing  herein 
shall  be  construed  so  as  to  bind  the  police  jury  of  the  parish  of  Jeffer- 
son, or  the  board  of  council  of  the  city  of  Lafayette,  to  construct  work- 
houses, and  that  said  bodies  shall  have  a  right  to  use,  until  they  have 
constructed  such  work-houses,  either  their  parish  jail  or  one  of  the  work- 
houses of  the  parish  of  Orleans,  on  the  paying  their  pro  rata  proportion 
of  the  expense  incurred  by  the  reception  of  vagrants,  sent  from  the 
said  parish  of  Jefferson,  to  be  determined  by  the  council  of  the  munici- 
pality to  whose  work-house  they  shall  have  been  sent. 

Repeal.  Sec.  10,  That  all  laws  and  parts  of  laws  now  in  force   and    contrary 

to  the  provisions  of  the  present  act  be,  and  the  same  are  hereby  re- 
pealed.—Acts  of  1840,  p.  46. 


APPENDIX. 


^APPENDIX 


CANALS  AND  BASINS. 

An  Ordinance,  regulating  the  Draining  and  Hauling  of  Timber,  etc.,  out 
of  Bayou  St.  John. 

No.  1077.     (1.)  From  and  after  the  passage  of  this  ordinance  Lumber  and 
it  shall  not  be  lawful  for  any  person  to  haul  or  draw  out  of  the  ^  ^^' 
bayou  St.  John  across  or  over  the  protection  levees,  built  by  the 
city  along  said  bayou,  any  lumber  or  timber  whatsoever,  except 
as  hereinafter  provided,  under  the  penalty  of  fifty  dollars  for 
each  and  every  contravention  of  this  section. 

No.  1078.  (2.)  It  shall  be  the  duty  of  the  surveyor  to  des-  piace  oyer  which 
ignate  one  or  more  places  at  which  timber  or  lumber  may  be  °  *^  ^^ 
hauled  or  drawn  out  of  the  bayou  St.  John.  And  it  shall  be  the 
duty  of  all  persons  desiring  to  haul  or  draw  timber  or  lumber 
out  of  said  bayou,  to  cause  to  be  made  and  build  good  substantial 
slides,  with  proper  recess  at  the  places  so  designated,  upon  which 
such  timber,  etc.,  may  be  drawn  or  hauled  without  injury  to  the 
levee  or  road,  said  slides  to  be  built  under  the  supervision  of  the 
surveyor.  Any  person  violating  the  provisions  of  this  section 
shall  be  fined  fifty  dollars^  and  further,  the  sum  of  five  dollars 
per  day  for  each  and  every  day  such  persons  shall  fail  to  comply 
with  the  direction  of  the  surveyor. 

No.  1079.     (3.)  All  ordinances,  or  parts  of  ordinances,  con-  Repealing  clause, 
trary  to  the  provisions  of  this  ordinance  be,  and  the  same  are 
hereby  repealed. 

City  Ordinance,  No.  3235.    Approved  Feb.  26th,  1857. 


*  The  ordinances  and  laws  here  inserted  are  those  that  have  been 
enacted  while  this  work  was  going  through  the  press,  and  some  few 
laws  omitted  in  the  body  of  the  work. 


366  COMMERCE — CHAMBER  OP. 

COMMERCE— CHAMBER  OF. 

ACTS  OF  THE  LEGISLATURE. 

An  Act  to  create  a  Body  Corporate  and  Politic,  by  the  name  of  tho 
"  New  Orleans  Chamber  of  Commerce." 
Whereas  a  large  number  of  the  merchants  of  the  city  of  New  Orleans 
have  petitioned  that  a  charter  be  granted  them,  creating  a  chamber  of 
commerce  ;  and  have  set  forth  that  such  an  institution  is  much  required 
by  the  mercantile  community,  as  tending  to  diminish  litigation  and  to 
establish  uniform  and  equitable  charges ;  and  considering  that  the 
establishment  of  a  chamber  of  commerce  may  thus  tend  to  the  general 
advantage  of  the  citizens  of  the  State,  as  well  as  to  the  furtherance  of 
the  commercial  interest ; 

Be  it  therefore  enacted,  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Louisiana,  in  General  Assembly  convened.  That  Thomas  Urquhart, 
S.  J.  Peters,  H.  C.  Cammack,  A.  Quertier,  J.  A.  Merle,  F.  Frey, 
C.  Adams,  Jr.,  H,  F.  M'Kenna,  Thos.  Barrett,  E.  J.  Forstall,  Jacob 
Willcox,  W.  H.  Avery,  A.  Fisk,  John  B.  Byrne,  J.  H.  Field,  J.  E. 
Whitall,  W.  G.  Hewes,  J.  U.  Lavillebeuvre,  George  Wilbor,  A.  H. 
Wallace,  Thomas  Sloo,  Jr.,  Charles  de  Blanc,  Noah  H.  Allen,  Glendy 
Burke,  M.  S,  Cucullu,  Thomas  Dance,  F.  Perret,  John  N.  Niven, 
A.  Rivarde,  Theo.  Nicolet,  John  Gamier,  Wm.  Bullitt,  Nat.  Cox, 
Edward  Yorke,  W.  L.  Robeson,  James  Dick,  James  P.  Freret,  Wm. 
L.  Hodge,  Thomas  Toby,  H.  G.  Cruger,  George  Green,  W.  C.  Bowers, 
Chandler  White,  J.  0.  Williams,  E.  W.  Gregory,  Peter  Laidlaw,  R. 
''  G.    L.    Depeyster,    Samuel   Thompson,    W.    Bogart,    W.    A.    Gasquet, 

S.  W.  Oakey,  Charles  Gardiner,  James  Foster,  Jr.,  Thomas  Dixon, 
John  Parker,  D.  G.  Borduzat,  G.  W.  White,  Jules  Le  Blanc,  A.  L.  M. 
Damarin,  Wm.  C.  Mylne,  V.  Durel,  M.  Morgan,  M.  Lizardi,  mer- 
chants of  the  city  of  New  Orleans,  their  associates  and  their  successors, 
be,  and  they  are  hereby  declared  to  be  a  body  corporate  and  politic  by 
the  name  of  the  **New  Orleans  Chamber  of  Commerce." 

Sec.  2.  That  this  act  of  incorporation  shall  be  in  force  for  and  during 
the  space  of  twenty  years  from  the  passage  thereof . — Acts  of  1834,  p.  52. 

An  Act  to  Re-charter  the  New  Orleans  Chamber  of  Commerce. 

Preamble.  Whereas,  the  charter  of  the  New  Orleans  Chamber  of  Commerce  will 

expire  on  the  twenty-sixth  February,  eighteen  hundered  and  fifty -four ; 
And  whereas,  at  its  sitting  in  the  city  of  New  Orleans  on  the  fourteenth 
February,  eighteen  hundred  and  fifty-three,  the  following  resolution 
was  unanimously  adopted,  viz : 

Resolved,  That  the  president  be  requested  to  apply  to  the  legislature 
of  the  State  of  Louisiana,  now  in  session,  for  a  renewal  of  the  charter 
of  this  chamber ;  and  considering  the  usefulness  of  the  institution  in 
diminishing  litigation,  and  establishing  and  maintaining  uniform  and 
equitable  charges,  advantageous  both  to  the  citizens  of  this  State,  and 
beneficial  in  promoting  the  commercial  interest  of  New  Orleans : 


CORPORATIONS.  367 

Section  1.  Be  it  therefore  enacted  by  the  Senate  and  House  of  Repre-  New  Orleans 
sentatives  af  the  State  of  Louisiana,  in  Ge7ieral  'Assembly  convened,  That  me*™e'in<»rpor^ 
the  present  members  of  the  aforesaid  New  Orleans  Chamber  of  Commerce,  ted. 
viz : 

J.  0.  WoodruflF,  President;  Charles  Briggs,  First  Vice-President;  J. 
M.  Lapeyre,  Second  Vice-President;  Chs.  J.  Mansoni,  Secretary  and 
Treasurer; 

Geo.  Arnold  Holt,  J.  W.  Carroll,  W.  S.  Pickett,  R,  B.  Sumner,  S. 
H.  Kennedy,  Jas.  Greenlief,  W.  H.  Avery,  J.  H.  Ashbridge,  W.  P. 
Atwood,  B.  C.  Adams,  Wilhelmus  Bogart,  J.  A.  Barelli,  Horace  Beau, 
A.  Benachi,  C.  T.  Buddecke,  Sara'l  P.  Bullard,  W.  P.  Babcock,  Thos. 
Byrne,  J.  E.  Caldwell,  William  Creevy,  W.  L.  Gushing,  Robert  Conway, 
George  Connoly,  A.  P.  Cleveland,  John  P.  Crotchett,  James  Chapman, 
J.  A.  Dougherty,  Thos.  J.  Dix,  J.  J.  Day,  J.  H.  Dudley,  Thos.  M. 
Dykers,  J.  H.  Eimer,  Tbos.  S.  Elder,  J.  Eager,  George  A.  Fosdick, 
Cornelius  Fellows,  F.  W.  Frudenthall,  John  Fox,  E.  J.  Forstall,  Moses 
Greenwood,  J.  W.  Giffney,  Robert  Geddes,  Robt.  A;  Grinnan,  A.  D. 
Grieff,  Wm.  Holmes,  A.  Heine,  J.  N.  Hanau,  Geo.  W.  Houghton,  David 
Hadden,  James  Plewitt,  R.  H.  Hamilton,  E.  J.  Hart,  W.  L.  Jackson, 
L.  C.  Jury,  W.  A.  Johnson,  H.  Judson,  J.  R.  Jennings,  R.  B.  Kendall, 
John  Kruttchnitt,  L.  Y.  Lusk,  J.  A.  Lusk,  J.  G.  Lingham,  W.  L. 
lianier,  H.  F.  McKenna,  R,  M.  McAlpin,  M.  Musson,  P.  Maxwell,  J. 
H.  McRea,  J.  R.  Marshall,  Wm,  Mure,  Logan  McKnight,  S.  Nicholson, 
M.  0.  H.  Norton,  S.  0.  Nelson,  S.  W.  Oakey,  John  H.  Owen,  S.  J. 
Peters,  sen,,  L.  Matthews,  John  M.  Bell,  L.  H.  Gale,  C.  ^Y.  Phillips, 
E.  H,  Pomroy,  W.  B.  Partee,  Wm.  Prehn,  Fred.  Peschier,  Jas.  Robb, 
Wm.  Ricarby,  J.  M.  Savage,  J.  W.  Stanton,  T.  Stewart,  Andrew 
Stewart,  P.  H.  Skipwith,  Thos.  Sellar,  G.  G.  Steever,  Rudolph  Schartz, 
Calvin  Tate,  H.  Wilson,  H.  Williams,  N.  Overton,  John  Williams,  Chas. 
M.  Waterman,  W.  A.  Warneken,  L.  D.  C.  Wood,  J.  W.  Zacharie,  H. 
G.  Latting,  Rob.  Dyas,  George  N.  Coke — Merchants  of  the  city  of  New 
Orleans,  their  associates  and  their  successors,  be,  and  they  are  hereby 
declared  to  be  a  body  corporate  and  politic,  by  the  name  of  the  New 
Orleans  Chamber  of  Commerce. 

Sec.  2.     That  this  act  of  incorporation  shall  be,  and  continue  in  force  The  period  du- 
for  and  during  the  further  space  of  twenty  years,  from  the  twenty- sixth  "ctfiiaifcontimic 
day  of  February,  A.  D.,  1854.— Acts  of  1853,  page  138.  in  force. 


COEPOEATIONS. 

ACTS  OF  THE  LEGISLASTURE. 

An  Act  fixing  the  Domicile  of  Corporations  created  by  any  law  of  , 
this  State, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana  in  General  Asembly  convened.  That  every  corpo- 
ration organized,  or  which  may  hereafter  be  organized,  under  and  by 


S68  ELECTIONS. 

virtue  of  any  law  of  this  State,  shall  establish  its  domicile  at  some  place 
within  the  State  of  Louisiana,  and  not  elsewhere. 

Sec.  2.  That  every  such  corporation  shall,  from  and  after  the  pas- 
sage of  this  act,  hold  its  meetings  for  the  transaction  of  business  apper- 
taining to  its  corporate  purposes  or  capacity,  whether  of  its  stock- 
holders at  large,  for  election  of  officers  or  other  purposes,  or  of  its 
directors,  managers,  trustees,  or  other  oificers  charged  with  the 
direction  of  its  affairs,  at  the  place  of  domicile  of  said  corporation,  and 
any  such  meeting  held  elsewhere,  and  any  business  transacted  at  any 
meeting  held  elsewhere  shall  be  unlawful,  and  of  no  effect. 

Sec.  3.  That  any  acts  or  parts  of  acts  contrary  to  the  provisions  of 
this  act  be,  and  the   same  are  hereby,  repealed. — Acts  of  1857,  No.  77. 

See  Acts  of  1857,  No.  226- 


CURKENCY—BOARD  OF. 


ACTS  OF  THE  LEGISLATURE. 
An  Act  further  defining  the  duties  and  powers  of  the  Board  of  Currency. 
Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
Board  of  currcn-  t^^  State  of  Louisiana,  in  General  Assembly  convened,  That  it  shall  be  the 
5f  *k  d^u*°tet*^  ^^*y  °^  ^^^  board  of  currency  to  require  of  every  bank  which  now  is  or 
ment  of  their     may  be  hereafter  located  in  the  city  of  New  Orleans,  a  daily  statement 
movemon   .       of  their  "movement" — to  wit :  Loans  on  paper  payable  at  maturity,  and 
intended  to  meet  the  two-thirds  of  cash  liabilities  unrepresented  by  specie 
and  other  cash  assets,  circulation,  deposits,  and  other  cash  liabilities. 
Said  statement  to      Sbc.  2.     That  the  said  board  of  currency   shall  require  that  alike 
bank?ira  book   statement  shall  be  entered  daily  by  each  bank  in  a  book  which  each  bank 
etc.  shall  keep  for  that  purpose,  and  to  be  called  the  "statement  book." 

Banks  to  make      Sec.  3.     That  the  board  of  currency   shall   require  from   the   banks 
returns  ^^^'^^^      aforesaid,  and  they  shall  furnish  the  same,  a  weekly  return  from  the  said 
daily  record,  to  be  delivered  at  the  same  time   and  place  as  the   other 
weekly  returns  made  to  said  board,  which  shall  show  the  average  of  the 
record  of  the  said  "daily  movement,"  mentioned  in  the  foregoing  sec- 
tions of  this  act. 
To  be  sworn  to      Sec.  4.     That  the  documents  or  returns  mentioned  in  this  act  shall  be 
by  cae  ler.  ^^^^  sworn  to  by  the  cashier  or  returning  officer  of  the    bank. — Acts  of 

1857,  No.  103. 


ELECTIONS. 

ACTS  OF  THE   LEGISLATURE- 
An  Act  relative  to  Elections  in  the  parish  of  Orleans. 
Sbction  1.  Be  it  enacted  by  the  Senate  and  Hov^e  of  Representatives  of 
Election  pre-         the  State  of  Louisiana  in  General  Assembly,  convened.    That    the  election 
precincts  in  the  city  of  New  Orleans,  as  now  established,  shall  be  lawfnl 


cincta. 


EIiECTIOKS. 


m 


election  precincts,  and  shall  remain  unchanged  until  the  legislature  shall 
otherwise  determine. 

Sbo.  2.     That  in  each  and  every  election  precinct  in  the  city  of  New  Places  for  hold- 
Orleans,  as  now  established,    there  shall  be  two  places  for  holding  the  *^^  ^°  "" 
polls,    except  in  the  seventh  precinct,  in  which  there  shall  be  three 
places  for  holding  the  polls. 

Sec.  3.     That  one  of  the  polls  in  each  precinct  aforesaid,   except  the  llow  the  polls 

fill  fill   l)G  known 

seventh,  shall  be  known  and  designated  as  number  "one,"  and  the 
other  as  number  *'two,"  and  all  the  voters  residing  in  each  precinct 
aforesaid,  whose  names  begin  with  any  initial  letter  ranging  from  A.  to 
K.,  both  inclusive,  shall  only  be  entitled  to  vote  at  poll  number  "one," 
and  all  the  said  voters  whose  names  begin  with  any  initial  letter  ranging 
from  L.  to  Z.,  both  inclusive,  shall  only  be  entitled  to  vote  at  poll  num- 
ber "two." 

Sec.  4.  That  one  of  the  three  polls  in  the  seventh  precinct  shall  be  Polls  of  seventh 
known  and  designated  as  poll  number  "one,"  another  as  poll  number  P'^®''*^''  • 
"two,"  and  the  third  as  poll  number  "three,"  and  all  the  voters 
residing  in  said  precinct  whose  surnames  begin  with  any  initial  letter 
ranging  from  A.  to  G.,  both  inclusive,  shall  only  be  entitled  to  vote  at 
poll  number  "one,"  and  all  the  said  voters  whose  surnames  begin  with 
any  initial  letter  ranging  from  H.  to  N.,  both  inclusive,  shall  only  be 
entitled  to  vote  at  poll  number  "two,"  and  all  the  said  voters  whose 
surnames  begin  with  any  initial  letter  ranging  from  0.  to  Z.,  both 
inclusive,  shall  only  be  entitled  to  vote  at  poll  number  "three." 

Sec.  5.  That  the  certified  list  of  voters  which  the  register  of  voters  Register  to  sub- 
inj^the  city  of  New  Orleans  is  now  required  by  law  to  furnish  to  the  com-  ^q^^^^  ^^^^ 
missioners  of  election  in  each  precinct,  shall  be  subdivided  by  the  said 
register  into  as  many  lists  as  there  are  polls  in  each  precinct,  and  the 
said  register  shall  furnish  to  the  commissioners  of  election  presiding  at 
each  poll  in  each  precinct,  a  certified  list  in  the  manner  now  required  by 
law,  of  all  the  voters  entitled  to  vote  at  each  poll  respectively. 

Sec.  6.     That  a  board  of  commissioners  is  hereby  created    in  and  for  Board  of  commis- 
the  parish  of  Orleans,    to  be  styled   "  The  Central  Board   ofCommis-  StTol^ommS- 
sioners,"  to  be  composed  of  the  mayor  of  the  city  of  New  Orleans,    the  sioners. 
register  of  voters  of  said  city,  the  attorney  general  of  the  State,  and  two 
citizens  of  New  Orleans,  who  have  resided  in  the  State  at  least  five  years, 
to  be  appointed  by  the  Governor ;  and  the  term  of  office  of  said  citizens 
so  appointed  shall  be  two  years,  unless  sooner  removed ;  and  it  shall   be 
the  duty  of  said  central  board  of  commissioners  to  appoint  all  the  com- 
missioners of  election  in  the  parish  of  Orleans,    to  preside   at  any   and 
every  election  held  in  said  parish,  for   all  State,  parochial  or  municipal 
officers,  or  judges,  members  of  Congress,    or  any  officer  of  the   United 
States  government,    or  any  other  officer  whose  election  devolves  upon 
the  people. 

Sec.  7.     That  the  attorney  general  shall  be  ex-officio  president  of  the  president  and 
said  board,  and  one  of  its  members  shall  be  secretary  thereof,  to  be  g,^^^®^**'^^  °^  ^^® 
appointed  by  the  said  board,  and  a  majority  of  the  members  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  business ;    and 
they  are  hereby  authorized  to  adopt  such  by-laws  and  rules  as  to  them 
47 


s 


3||^   /'  EtECTIONS. 

may  seem  fit ;  Provided,  the  same  be  consistent  with  the  Constitution 
and  laws  of  this  State,  and  of  the  United  States. 
Commissioners  of  Sec.  8.  That  it  shall  be  the  exclusive  duty  of  the  said  board  of  com- 
missioners, at  least  five  days  previous  to  any  election  to  be  held  in  the 
parish  of  Orleans  or  the  city  of  New  Orleans,  to  appoint  three  commis- 
sioners of  election  to  preside  at  each  poll  In  each  precinct  in  the  city  of 
New  Orleans,  and  three  commissioners  of  election  to  preside  at  each 
precinct  in  that  part  of  the  parish  of  Orleans  on  the  right  bank  of 
the  Mississippi  river. 

Salary  of  certain      ggc.  9.     That   the  two   citizens  to  be   appointed  by  the   Governor, 
members  of  the  ^^  •'  ' 

board.  members  of  said  central  board  of  commissioners,   shall  receive  a  yearly 

salary  of  five  hundred  dollars  each,  payable  proportionately  by  the  city 
of  New  Orleans  and  the  police  jury  of  the  parish  of  Orleans,  on  the  right 
bank  of  the  river,  and  they  shall  before  entering  upon  the  discharge  of 
their  duties,  take  the  oath  prescribed  by  the  ninetieth  article  of  the 
Constitution. 
The  board  to  de-  Sec.  10.  That  it  shall  be  the  duty  of  said  central  board  of  com- 
places^'to/  hold-  missioners  to  designate  the  places  of  holding  the  polls  in  the  seve- 
ing  the  polls.  j.^^  precincts  in  the  parish  and  city  of  New  Orleans,  and  assign  to 
each  poll,  in  each  precinct,  the  number  by  which  it  shall  be  designated 
and  known,  and  to  make,  or  cause  to  be  made,  the  necessary  arrange- 
ments at  each  poll,  for  convenient  approach  to  the  ballot-box  and  easy 
egress  therefrom,  and  so  to  provide  that  the  ballot-box  during  the  elec- 
tion may  be  seen  by  the  public,  and  so  that  the  voter  may  see  his  ballot 
deposited  therein. 
Places  for  hold-  Sec.  11.  That  the  designation  of  the  places  holding  the  polls,  and 
be  published,  etc.  the  numbers  by  which  the  respective  polls  in  each  precinct  shall  be 
known,  shall  be  published  by  the  said  board,  in  two  daily  newspapers, 
printed  in  the  city  of  New  Orleans  ;  and  said  publication  shall  be  made 
in  English  and  French,  for  ten  days  previous  to  an  election,  and  all  the 
expenses  incurred  for  advertisements,  and  for  making  the  necessary 
arrangements  at  the  polls,  shall  be  paid  by  the  city  of  New  Orleans, 
except  that  part  incurred  for  the  polls  on  the  right  bank  of  the  Missis- 
sippi river,  which  shall  be  paid  by  the  police  jury  of  said  right  bank, 
and  an  account  of  said  expenses  signed  by  the  president,  and  counter- 
signed by  the  secretary  of  said  central  board  of  commissioners,  shall  be 
sufficient  warrant  to  the  proper  officers  of  the  city  of  New  Orleans,  and 
the  said  police  jury,  to  pay  the  same ;  and  it  shall  be  the  duty  of  the 
comptroller  and  treasurer  of  the  said  city  to  pay  the  said  account,  and 
also  of  the  said  police  jury  to  pay  the  said  account  for  the  said  right 
bank. 
Substitutes  for  Sec.  12.     That  in  case  any  commissioner   of  election,  appointed  by 

wS."?!'? to^at-      said  board,  shall  fail  to  attend  on  the  day   of  election,    or  shall  refuse 
*®°<*-  to  act  at  any   time   after  his  appointment,    then,  and  in  that  event,  the 

president  of  the  board,  or  in  case  of  his  absence,  the  register  of  votes, 
may  appoint  substitutes  to  act  in  the  places  of  those  so  failing  to  attend, 
or  refusing  to  act. 
Oaths  of  commis-      Sec.  13.     That  any  member  of  the  said  central  board,    or  judge  or 
eioners.  justice  of  the  peace,  or  the   sheriff  or  any  of  his  deputies,  is  hereby 


J 

ELECTIONS.  371 

authorized  to  administer,  to  any  commissioner  of  election,  the  oath 
required  by  existing  laws. 

Sec.  14.     That  no  grog-shop,  or  place  where  liquor  is  sold,  shall  be  Polls  not  to  be 
used  as  an  election  poll  in  the  parish  of  Orleans,  but  the  said  board  is  houses, 
hereby  authorized  to  use  for  that  purpose  any  building  belonging  to  the 
city  of  New  Orleans  or  parish  of  Orleans,  or  if  necessary,  to  rent  proper 
buildings  for  the  occasion. 

Sec.  15.     That  the  polls  shall  be  opened  at  8  o'clock,   a.  m.,  and  Hours  of  opening 

*  and  closing  polls. 

closed  at  4  o'clock,  p.  m. 

Sec.  16.  That  the  Governor  shall,  by  and  with  the  advice  and  Superintendent 
consent  of  the  senate,  appoint  a  discreet  citizen,  who  has  resided  in  the  °  ®  ^^  *°"^* 
State  at  least  four  years,  whose  duty  it  shall  be  to  superintend  all 
elections  held  in  the  city  of  New  Orleans,  and  who  shall  be  styled  the 
"  superintendent  of  elections,"  who  shall  hold  his  office  for  the  term 
of  two  years,  unless  sooner  removed,  and  who  shall  receive  an  annual 
salary  of  three  thousand  dollars,  payable  quarterly  out  of  the  treasury, 
upon  the  warrant  of  the  auditor  of  public  accounts,  and  one-half  of 
said  salary  shall  constitute  a  debt  against  and  be  paid  by  the  city  of 
New  Orleans  in  the  manner  hereinafter  mentioned. 

Sec.  17.     That  if  any  person  in  the  parish  of  Orleans   shall  prevent,  Threatening 
or  attempt  to  prevent  any  voter  from  exercising  his  right  of  suffrage,  by  ^^  ^^^'  ^  ^' 
threat,  intimidation,   violence,  or  any   other  unlawful  means,  whether 
before  or  during  election  time,  such  person  sliall,  on   conviction  thereof, 
be  sentenced  to  not  less  than  six  months'    nor  more  than  three   years' 
imprisonment,   at  hard  labor,   in  the  penitentiary,  and  shall  be  forever 
deprived  of  his  right   of  suffrage.     And  if  any  persons  in  the  parish  of  Preventing    per- 
Orleans  shall,  during  an  election,  assemble  or  combine  together  for  the  pur-  ^°"^  from  voting, 
pose  of  driving  voters  from  the  polls,  or  preventing  or  obstructing  voters 
in  coming  to  or  returning  from  the  polls,  said  person  shall,  upon  convic- 
tion thereof,  be  sentenced  to  not  less  than  one  nor  more  than  five  years' 
imprisonment  at  hard  labor  in  the  State  penitentiary,    and  be  forever 
deprived  of  their  right  of  suffrage.     And  any  person  or  persons  in  the  Ballots  and  ballot 
parish  of  Orleans  who  may  willfully  destroy  or  multilate  any  votes  that  ^^^^• 
may  have  been  deposited  in  the  ballot  box,   or  any  election  returns, 
tally  list  or  lists  of  voters,  or  certificates  of  election,  or  who  may  steal 
or  destroy  the  boxes  and  safes  containing  the  same,  or  who  shall  offer  or 
commit  violence  against  any  person  or  persons  having  lawfully  charge  of 
the  same  shall,  on  conviction  thereof,  be  sentenced  to  imprisonment  at 
hard  labor  for  not  less  than  five  nor  more  than  twenty  years,  in  the  peni- 
tentiary, and  be  forever  deprived  of  the  right  of  suffrage. 

Sec.  18.  That  the  said  superintendent  shall  keep  his  office  in  the  city  Superintendents 
of  New  Orleans,  and  shall  be  entitled  to  four  chief  deputies — to  be  ap-  ties!^  *°  *^  ^^"' 
pointed  by  himself,    and  removable  at  his  pleasure — and  each   of  said  . 

deputies  shall  receive  an  annual  salary  of  one  thousand  dollars,  payable 
quarterly  out  of  the  treasury,  on  the  warrant  of  the  auditor  of  public 
accounts,  one-half  of  which   salary   shall  constitute  a  debt  against   and  f*"'** 

be  paid  by  the  city  of  New  Orleans,  in  the  manner  hereinafter  mentioned. 

Sec.  19.     That  it  shall  be  the  duty  of  the  said  superintendent  of  Duty  of  superin- 
electiona  to  take  charge  of  and  superintend,  under  the  control  of  the  *«*ident. 


872  ELECTIONS. 

central  board  of  commissioners,  and  to  the  exclusion  of  all  other  persons, 
all  elections  held  in  the  parish  of  Orleans  and  city  of  New  Orleans,  for 
officers  of  the  general  government,  members  of  congress,  judges,  mem- 
bers of  the  general  assembly,  parish  or  municipal  officers,  and  for  any 
other  officers,  federal,  state,  parochial  or  municipal,  whose  election 
devolves  upon  the  people ;  to  prescribe  and  arrange  the  ingress  to  and 
egress  from  the  polls;  to  preserve  tranquility'  and  order  during  the 
elections  ;  to  prevent  and  suppress  riots,  tumult,  violence,  disorder,  and 
any  other  improper  practice  tending  to  the  intimidation  of  voters,  or  the 
disturbance  of  elections,  and  in  general,  to  take  care  that  all  elections 
are  so  conducted  that  the  privilege  of  free  suffrage  may  be  supported, 
and  the  constitutional  rights  of  the  citizens  shall  not  be  impaired  or 
defeated  by  violence,  tumult,  intimidation,  or  other  improper  practices. 
Empowered  to  Seo.   20.     That  the   said  superintendent  is  hereby  authorized  and 

be?  of  depu«S^  empowered  to  employ  any  number  of  persons  the  Governor  may  think 
etc.  necessary  as  his  deputies,  for  such  time  previous  to  any  election  as  the 

Governor  may  direct ;  and  the  said  deputies  shall  be  organized  by  said 
superintendent  in  such  a  manner  as  he  may  think  proper  and  adequate 
for  the  occasion ;  and  the  said  deputies,  on  the  day  of  election  and  dur- 
ing their  term  of  service,  shall  be  subject  to  the  order  and  direction  of 
said  superintendent,  and  obey  all  lawful  commands  issued  by  him. 
Deputies— their  Seo.  21,  That  said  chief  deputies  shall  be  citizens  of  the  State,  and 
°**^®'  that  said  superintendent,  chief  deputies  and  deputies,  before   entering 

upon  their  duties,  shall  take  the  oath  prescriped  by  the  nineteenth  article 
of  the  Constitution. 
Deputies  to  be  Sec.  22.     That  the  said  deputies  shall  be  commissioned  by  the  said  su- 

commissioned,etc  perintendent,  who  is  hereby  authorized  to  administer  the  oath  of  office  to 
them  ;  and  he  is  further  authorized  and  empowered,  with  the  consent  of 
the  Governor,  to   adopt  such  rules  for  the  government  and   organiza- 
tion of  said  deputies  as  to  him  may  seem  proper ;  provided,  the  same  be 
consistent  with  the  constitution  and  laws  of  the  United  States  and  of  this 
State  ;  and  the  said  deputies  are  hereby  required  to  obey  said  rules  and 
regulations,  provided,  the  same  may  at  any  time  be  altered  or  abolished, 
at  the  pleasure  of  the  Governor. 
To   appoint  ex-      ^^^'  ^^'     ^^^^  *^®  ^^^^   superintendent  of  elections  shall  have  the 
traordinary    de-  power  to  appoint  any   number  of  extraordinary   deputies  from   amongst 
the   citizens  of  the  parish  of  Orleans,  to  protect  the  approaches  to  tho 
polls,  keep  order  thereat,  and  secure  free  access  to  and  egress  from  said 
polls ;  and   any  citizen  between  the  age  of  twenty-one   and  fifty  years 
refusing  to  perform  such  duty,  whenever  thereunto  summoned,  shall  be 
subject  to  a  fine  of  not  less  than   one  hundred  nor  more   than  five  hun- 
dred dollars,  recoverable  before  any  court  of  competent  jurisdiction,  in 
Penalty  for  re-     t^lie  name  and  for  the  benefit  of  the  State  of  Louisiana  ;  and  in  default 
fusing  to  serve,     ^f  payment  thereof  said  citizen  shall  stand  committed  in  the  parish  jail 

for  a  term  not  exceeding  sixty  days. 
Disturbing  ^EC.  24.     That  if  any  person  in  the  parish  of  Orleans  shall,  in  breach 

commissioners      of  the  peace,  disturb   any  commissioner  or   clerk  of  elections  in  the 

and  voters,  pen-  ^        » ,  .     -, 

aity.  discharge  of  his  duty,  or  any  voter  m  exercise   of  his  right  of  suffrage, 

or  shall  prevent  any  voter  from  exercising  his  right  of  suffrage,  whether 


ELECTIONS.  373 

before  or  during  election  time,  such  person  shall  be  fortwith  arrested 
by  the  said  superintendent,  or  any  of  his  deputies,  or  extraordinary 
deputies,  and  instantly  confined  in  the  police  or  parish  jail,  and  shall, 
upon  conviction  thereof,  be  sentenced  to  not  less  than  six  months  nor 
more  than  three  years'  imprisonment  at  hard  labor  in  the  penitentiary, 
and  shall  be  forever  deprived  of  his>  right  of  suffrage ;  Provided,  how- 
ever, that  any  person  so  arrested,  if  a  lawful  voter,  shall  be  permitted 
to  vote  before  being  confined. 

Sec.  25.     That  any  person  wilfully  resisting,  or   in   any   manner  Resisting  super- 

.,  .,T,         i-i         .•  intendent  and 

interfering  with  the  authority  of  said  superintendent  or  his  deputies,  or  deputies.  •:■ 

extraordinary   deputies,  shall  be  deemed  guilty  of  a  misdemeanor,  and 

on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  five 

hundred  dollars,  and  imprisoned  at  hard  labor  for   one  year  in  the 

penitentiary,  and  it  shall  be  the  duty  of  the  attorney  general,  in  person, 

to   conduct  all  prosecutions  under  this  section,    and  said  prosecutions 

shall  be  tried  in  preference  to  all  other  cases. 

Sbo.  26.  That  when  any  person  shall  be  arrested  on  the  day  of  the  Arrests  on  days  of 
election  by  the  said  superintendent  or  his  deputies,  or  extraordinary 
deputies,  said  person  shall  not  be  released  from  imprisonment,  by  bail 
or  otherwise,  until  the  following  morning,  unless  it  be  by  order  of  the 
superintendent  or  any  of  his  chief  deputies,  or  by  writ  of  habeas 
corpus. 

Sec.  27.  That  said  superintendent  shall  commission  his  chief  Superintendent 
deputies,  and  their  commissions  shall  specify  their  seniority  of  rank  ;  *"*^  deputies, 
and  it  is  hereby  declared  that  in  the  event  of  the  death,  resignation, 
absence,  sickness  or  inability  to  act,  from  any  cause  whatever,  the  said 
chief  deputies  shall  succeed  to  the  duties  and  powers  of  the  said 
superintendent,  according  to  the  seniority  of  rank  expressed  in  their 
respective  commissions,  so  that  the  senior  chief  deputy  shall  first 
succeed,  and  in  case  of  his  death,  resignation,  absence,  sickness,  or 
inability  to  act,  the  second  chief  deputy  shall  next  succeed,  and  so  on 
to  the  last ;  and  each  chief  deputy  thus  succeeding  in  his  turn,  is  hereby 
autorized  and  empowered  to  assume  and  perform  all  the  duties  of 
superintendent,  and  exercise  all  the  powers  vested  in  him  by  virtue  of 
this  act,  until  the  vacancy  of  superintendent  is  filled,  or  the  superin- 
tendent presents  himself  and  resumes  the  duties  of  his  office. 

Sec.  28.     That  any   deputy   employed  by  the  said   superintendent^  Salary  of  depu- 
except  the  chief  and  extraordinary  deputies,  shall  be  entitled  to  receive  *^®^* 
during  the  time  he  is  in  actual  service,  under  the  command  and   direc- 
tion of  the  superintendent,  ten  dollars  for  each  day  of  actual  service. 

Sec.  29.  That  the  superintendent  shall  keep  in  his  office  a  register  Register  of  depu- 
of  the  names  of  the  persons  employed  by  him  as  deputies  and  of  the  *^®*" 
length  of  time  each  has  served,  and  shall  furnish  each  deputy  when 
discharged  with  a  certificate  of  his  employment  and  the  length  of  time 
he  may  have  remained  in  his  service,  which  shall  be  received  by  the 
auditor  of  public  accounts  as  sufficient  evidence  upon  which  to  audit 
and  allow  the  claim  of  said  deputy  for  his  pay. 


874  HOUSE  OF  REFUGE. 

City  of  New  Sec.  30.     That  one-half  of  the  expense  incurred  for  the  purpose  of 

one^haff  the'^ex-  Carrying  into  effect  the  provisions   of  this  act,   except  those  otherwise 
penses,  etc.  provided   for,    shall  be  charged    to  and  be  paid  by   the   city  of  New 

Orleans,  and  the  treasurer  of  the  State  is  hereby  authorized  and  re- 
quired, on  the  1st  day  of  January  of  each  and  every  year,  to  demand  of 
the  city  of  New  Orleans  the  payment  of  one-half  of  whatever  appro- 
priation may  be  expended  for  the  salaries  of  the  deputies  and  officers 
aforesaid. 

Authorised  to  Sec.  31.     That  the  said  superintendent,  for  the  purpose  of  preserving 

close  coffee  ,  ,  ..  .   ,  ,  ,  ,,.,,,,., 

houses,  etc.  order  and  preventing  riots  and  tumults,  is  hereby  authorized  to  cause  to 

be  closed  on  election  days  all  grog-shops  and  bar-rooms  in  the  city  of 
New  Orleans  ;  and  any  keeper  or  owner  of  a  bar-room  or  grog-shop  in 
said  city  refusing  or  failing  to  comply  with  the  proclamation  of  said 
superintendent,  published  in  two  newspapers  in  the  city  of  New 
Orleans,  requiring  grog-shops  and  bar-rooms  to  be  closed  on  the  day  of 
election,  shall  forfeit  and  pay  a  find  of  two  hundred  dollars,  recoverable 
«    ,^j.v  before   any  court  of  competent  jurisdiction,   the  payment  of  which  fine 

shall,  after  judgment,  be  enforced  by  imprisonment,  not  exceeding  sixty 
days. 
Office  expenses  of      Sec.  32.     That  the  office  expenses  of  the  Central  board  of  commis- 
pafd.  '    '^^^  sioners,  not  exceeding  one  thousand  dollars,  shall  be  paid  proportiona- 
tely by  the   city  of  New  Orleans  and  the  police  jury   of  the  parish  of 
Orleans  on  the  rights  bank  of  the  river  Mississippi,  upon  the  warrant  of 
the  president  of  said  board,  as  expressed  in  the  eleventh  section. 
When  this  act  to      Sec.  33.     That  this  act  shall  take  effect  from  and  after  its  passage 
go  m  0  e  ec         ^^^  ^^j  j^^^^   ^^^  parts   of  laws    inconsistent  herewith  are    hereby 
repealed.— Acts  1857,  No.  225. 


HOSPITAL— CHARITY.— See  Acts  of  1857,  No.  256. 


ii'i'fU  ^'5 


HOUSE  OF  REFUGE. 


Juvenile  va-  j^o.  1080.     (1.)  All  children  found  pilfering;  all    children 

found  begging  within  the  limits  of  the  city;  all  children  found 
.,'.>;<    gathering  waste  merchandize  lost  as  refuse  articles,  unless  the 
*  same  he  the  property  of  their  guardians,  employers  or  parents ; 

all  children  engaged  in  any  occupation,  dangerous  to  their  morals 
or  of  a  tendency  to  produce  habits  of  idleness  and  vice;  all 
children  who  are  left  in  idleness  and  attend  no  school ;  all  chil- 
dren who  are  left  without  education,  and  learn  no  honest  trade 


SOUSE  OF  REFUaE.  875 

01*  occupation ;  all  children  abandoned  to  ttemselves,  or  wlio  are 
not  provided  for  by  tbeir  parents  with  the  protection  and  care 
which  the  law  requires,  shall  be  deemed  juvenile  vagrants,  and 
shall  be  brought  before  the  mayor  or  recorder,  or  any  other  com- 
petent courts,  and  shall  be  disposed  of  according  to  the  laws, 
establishing  houses  of  juvenile  delinquents  and  vagrants. 

No.  1081.     (2.)  In  every  case  when  a  child  shall  become  a  Punishment  of 

»„.,.,,  .      .  .       ,    .        ,  ,  parents  of  jure- 

vagrant,  or  fall  within  the  description  contained  in  the  several  niie  Tagrants. 
classes  of  the  preceding  article,  in  consequence  of  the  act  or 
neglect  of  the  parent  or  guardian,  such  parent  or  guardian  shall 
be  subject  to  a  fine  of  one  hundred  dollars  for  each  offense,  paya- 
able  to  the  municipality  within  which  the  child  shall  be  found  delin- 
quent, and  in  case  the  said  parent  or  guardian  shall  neglect  or 
refuse  to  pay  said  fine,  he  or  she  shall  be  imprisoned  until  said 
fine  be  paid,  provided,  that  said  imprisonment  shall  not  exceed 
one  month.       ^ 

No.  1082.     (3.)  Every  commissary,  policeman,  watchman  or  Duty  of  police, 
other  ofiicer  of  any  of  the  municipalities,  whenever  any  violation 
of  this  ordinance  shall  come  within  or  is  brought  to  his  knowledge, 
shall  immediately  arrest  the  offending  child,  parent  or  guardian,  * 

and  bring  them  before  the  proper  authority  to  be  dealt  with 
according  to  law,  and  every  such  officer  wilfully  neglecting  or 
refusing,  when  called  upon  by  any  citizen  to  perform  the  duties 
herein  imposed,  shall  be  fined  not  less  than  ten,  nor  more  than 
fifty  dollars  for  each  offense,  recoverable  at  the  complaint  of  any 
citizen  before  any  competent  magistrate  or  justice  of  the  peace, 
for  the  benefit  of  the  municipality  in  which  the  offense  shall 
have  been  committed ;  and  the  collection  of  said  fine  shall  be  ■■■ 

enforced  by  imprisonment  to  the  extent  of  the  law. 

No.  1083.  (4.)  In  all  cases  arising  under  this  ordinance.  Duty  of  city  at- 
whenever  the  intervention  of  any  of  the  district  courts  shall  be  ^^^^'^y- 
deemed  necessary  by  the  recorder  or  mayor,  in  order  to  enforce 
this  ordinance  or  deprive  an  unworthy  parent  of  the  keeping  or 
tutorship  of  a  child,  or  to  cause  a  child  to  be  committed  by  a 
district  court,  to  the  care  of  the  house  of  refuge,  it  shall  be  the 
duty  of  the  attorney  of  the  council  whenever  required  by  either 
of  the  said  magistrates  to  institute  and  prosecute  the  necessary 
proceeding's,  or  defend  the  case.  '^  *«^  "i^. 

City  Ordinance.    Approved  Nov.  15th,  1851. 


m 


tmn  WOMEN. 
LEWD  WOMEN. 


To  live  within 
certain  portion 
of  the  city. 


Duty  of  police 
and  recorders. 


To  pay  tax  and 
obtain  license. 


An  Ordinance  concerning  Lewd  and  Abandoned  Women. 

No.  1084.  (1.)  That  it  shall  not  be  lawful  for  any  woman  or 
girl,  notoriously  abandoned  to  lewdness,  to  occupy,  inhabit,  live 
or  sleep  in  any  one-story  house  or  building,  or  the  lower  floor  of 
any  house  or  building  situated  within  the  following  limits,  viz.  : 

In  the  first  district — Between  the  river  and  Hercules,  Circus 
and  Rampart  streets.  Felicity  road  and  Canal  street. 

In  the  second  district — Between  the  river  and  Basin  street, 
Canal  and  Toulouse  streets,  and  between  the  river,  the  bayou 
St.  John,  Toulouse  street,  and  Esplanade  street. 

Amended  by  No.  1098. 

In  the  third  district — ^Between  Esplanade  street,  Elysian 
Fields,  the  river  and  Broad  street. 

In  the  fourth  district — The  river,  the  Carrollton  railroad,  the 
upper  line  of  said  district  and  Felicity  road,  under  the  penalty  of 
not  less  than  twenty-five  dollars  for  each  and  every  contravention 
thereof,  and  the  further  penalty  of  twenty-five  dollars  for  each 
and  every  day  such  woman  or  girl  shall  occupy,  inhabit,  live,  or 
sleep  in  any  one-story  house  or  building,  or  the  lower  floor  of  any 
house  or  building,  or  any  room  or  closet  on  the  lower  floor  of  any 
house  or  building  within  the  limits  aforesaid,  after  due  notice 
from  the  recorder  of  the  district  wherein  such  woman  shall  be 
found  contravening  thereto ;  and  in  default  of  payment  of  such 
penalty  aforesid,  such  woman  or  girl  shall  be  imprisoned  not  less 
than  thirty  days. 

No.  1085.  (2.)  That  it  shall  be  the  duty  of  all  police  officers, 
policemen  and  watchmen  to  arrest  any  woman  or  girl  found  in 
contravention  to  the  foregoing  section,  and  take  her  before  the 
recorder  of  the  district  wherein  she  be  found  in  contravention, 
who  shall  impose  upon  her  the  penalty  set  forth  in  said  section, 
and  in  default  of  payment  thereof,  shall  condemn  her  to  not  less 
than  thirty  days'  imprisonment ;  and  said  recorder  shall  further 
notify  such  woman  or  girl  to  remove  from  and  quit  the  premises 
so  occupied  or  inhabited  by  her  within  three  days  from  such 
notification,  under  the  penalties  imposed  by  said  section. 

No.  1086.  (3.)  That  it  shall  not  be  lawful  for  any  woman  or 
girl,  notoriously  abandoned  to  lewdness,  to  occupy,  inhabit,  or  live 
in  any  house,  building  or  room  situate  within  the  limits  described 
in  the  first  section  of  this  ordinance,  and  not  in  violation  of,  or 


( 


liEWD  WOMEN.  377 

prohibited  by  the  said  section,  without  first  paying  in  to  the 
city  treasurer  the  tax  imposed  by  this  ordinance,  and  procuring 
from  the  mayor  of  this  city  a  license  to  inhabit  or  live  in  or 
occupy  a  house,  building  or  room  within  said  limits  as  aforesaid — 
nor  shall  it  be  lawful  for  any  person  to  open  or  keep  any  house, 
building,  dwelling  or  room  within  the  limits  of  this  city  for  the 
purpose  of  boarding  or  lodging  lewd  and  abandoned  women,  or 
of  renting  rooms  to  such  women,  without  first  paying  the  tax 
hereinafter  levied,  and  procuring  from  the  mayor  a  license  so  to 
open  and  keep  a  house,  etc.,  as  aforesaid.  Every  person  failing 
to  comply  with  the  provisions  of  this  section,  shall  pay  a  fine  of 
one  hundred  dollars  for  each  and  every  contravention,  and  in 
default  of  payment  shall  be  imprisoned  not  less  than  thirty  days. 
One  half  of  the  fine  shall  be  for  the  benefit  of  the  informer.  Pro- 
vided, that  nothing  herein  contained  shall  be  so  construed  as  to 
authorize  the  issuing  of  licenses  to  occupy  or  inhabit  any  one 
story  house  or  building  or  the  lower  floor  of  any  house  or  building 
situate  within  the  limits  described  in  the  first  section  of  this 
ordinance. 

No.  1087.  (4.)  That  an  annual  license  tax  of  one  hundred  Annual  tax,  etc 
dollars  be  and  the  same  is  hereby  levied  upon  each  and  every 
woman  or  girl  notoriously  abandoned  to  lewdness,  occupying, 
inhabiting,  or  living  in  any  house,  building  or  room  within  the 
limits  prescribed  in  the  first  section  of  this  ordinance,  but  not 
in  contravention  thereof — and  an  annual  tax  of  two  hundred 
and  fifty  dollars  upon  each  and  every  person  keeping  any  house, 
room,  or  dwelling  for  the  purpose  of  renting  rooms  to  or  board- 
ing lewd  and  abandoned  women,  which  said  tax  shall  be 
payable  in  advance  on  the  first  day  of  February  of  each  and 
every  year. 

Amended  by  No.  1100. 

No.  1088.  (5.)  That  the  mayor  of  this  city  be,  and  is  hereby  Mayor's  doty  as 
authorized,  upon  the  production  of  the  receipt  of  the  treasurer  *°  ^^^®°^®^* 
of  this  city,  showing  the  payment  of  the  tax  levied  by  section 
fourth  of  this  ordinance,  to  grant  the  license  required  by  the 
third  section  of  this  ordinance.  Which  license  shall  be  recorded 
in  a  book  to  be  kept  for  that  purpose  in  the  mayor's  office,  and 
shall  set  forth  the  name  of  the  party  to  whom  granted,  the 
number  of  the  house  or  building  which  she  intends  to  inhabit, 
occupy  or  live  in,  the  name  of  the  street,  where  the  same  is 
situated,  and  the  number  corresponding  with  that  of  the  record 
in  the  aforesaid  book.  And  for  which  license  and  recordine, 
48 


\ 


878      (  LEWD  WOMEN. 

the  party  to  whom  it  is  granted  shall  pay  one  dollar  and   fifty 
cents.     Said  license  shall   expire   on   the   thirty -first    day   of 
January. 
Disturbing  the         ^q.  1089.    (6.)  Any  woman  or  girl  notoriously  abandoned  to 

peace— penalty.  .  . 

lewdness,  who  shall  occasion  scandal  or  disturb  the  tranquility 
of  the  neighborhood,  or  commit  a  breach  of  the  peace,  shall  be 
fined  not  less  than  ten  dollars,  nor  more  than  twenty-five  dollars 
for  the  first  offense,  and  for  the  second  offense  shall  be  fined 
,  not  less  than  twenty-five  dollars,  and  for  the  third  offense, 
shall  forfeit  her  license,  and  shall  be  dealt  with  as  provided  by 
the  act  concerning  vagrants,  etc. 

Not  to  fre<iuent  No.  1090.  (7.)  That  it  shall  not  be  lawful  for  any  lewd 
woman  to  frequent  any  cabaret,  or  coffee-house,  or  to  drink 
therein,  under  the  penalty  of  not  less  than  five  dollars  for  each 
and  every  contravention,  or  of  being  dealt  with  as  provided  by 
the  act  concerning  vagrants,  at  the  discretion  of  the  recorder 
before  whom  she  may  be  brought. 

White  women  No.  1091.     (8.)  That  it  shall  not  be  lawful  for  whitc  womcu 

and  free  women  /      i  •        ^         i        ^  ^  i        i 

of  color  not  to  and  tree  women  oi  color,  notoriously  abandoned  to  lewdness,  to 
'  occupy,  inhabit,  or  live  in  the  same  room,  house  or  building ;  nor 
for  any  free  person  of  color  to  open  or  keep  any  house,  building 
or  room,  for  the  purpose  of  boarding  or  lodging  any  white  woman 
or  girl  notoriously  abandoned  to  lewdness,  under  the  penalty  of 
not  less  than  twenty-five  dollars  for  each  and  every  contravention ; 
in  default  of  payment,  the  person  so  contravening  shall  be  impris- 
oned not  less  than  thirty  days.  One  half  of  the  fine  shall  be  for 
the  benefit  of  the  informer. 

Hiring  rooms  No.  1092.     (9.)  That  each  and  every  person  who  shall  rent 

and  houses,  etc.  ^  .  ,  i     -i  t  ,  •  i        ^ 

or  hire  any  house,  building  or  room,  to  any  woman  or  girl  noto- 
riously abandoned  to  lewdness,  in  contravention  of  this  ordinance, 
shall  pay  a  penalty  of  fifty  dollars  for  each  and  every  girl  or 
.    .  f  woman  such  person  shall  rent  or  hire  to  as  aforesaid. 

Mayor,  in  certain  No.  1093.  (10.)  That  whenever  a  petition  signed  by  three 
their'removai.  respectable  citizcns  residing  within  the  vicinity  of  any  house, 
building  or  room  occupied  or  inhabited,  or  frequented  by  one 
or  more  IcAVd  women,  shall  be  presented  to  the  mayor,  stating, 
under  oath,  that  such  house,  building  or  room  is  a  nuisance,  and 
that  the  occupants  thereof  are  in  the  habit  of  disturbing  the  peace 
of  the  neighborhood,  or  are  in  the  habit  of  committing  indecencies 
by  the  public  exposure  of  their  persons,  etc.,  it  shall  be  the  duty 
of  the  mayor  immediately  to  notify  the  owner  or  lessee  of  such 
house,  building  or  room,  that  such  report  has  been  made,  and  to 


i 


LEWD  WOMEN. 


870 


order  him  or  her  to  eject  from  the  premises  so  occupied  the  per- 
sons in  possession  at  the  time  of  the  complaint.  And  any  person 
refusing  or  neglecting  to  comply  therewith,  shall  be  fined  not  less 
than  twenty-five  dollars,  nor  more  than  one  hundred  dollars  for 
each  and  every  month  during  the  continuance  of  the  nuisance 
complained  of.  And  the  mayor  is  hereby  further  authorized  to 
order  the  occupants  of  the  house,  building  or  room  to  remove 
therefrom  within  a  delay  of  five  days,  and  upon  said  occupants 
failing  so  to  do,  each  shall  be  fined  not  less  than  ten  dollars  a  day 
for  each  and  every  day  such  occupants  shall  remain  in  violation 
of  said  order,  and  in  case  of  failure  or  refusal  to  pay  said  fine, 
each  occupant  shall  be  imprisoned  for  a  time  not  exceeding 
thirty  days. 

No.  1094.     (11.)  That   all  houses,  buildings,  dwellings,  or  PoUcepowers,etc. 
rooBd^  occupied  or  inhabited  by  lewd  women,  shall  at  all  times  be 
subject  to  the  visitation  of  the  police  of  this  city. 

No.  1095.     (12.)  That  it  shall  not  be  lawful  for  any  woman  Forbidden  to 

.,  .,'^,,,  ,,  ,  ,       stand  in  front  of 

or  girl  notoriously  abandoned  to  lewdness,  to  stand  upon  the  their  houses  or 
sidewalk  in  front  of  the  premises  occupied  by  her,  or  at  the  alley-   ^    ^        '     * 
way,  door  or  gate  of  such  premises,  nor  sit  upon  the  steps  thereof  • 
in  an  indecent  posture,  nor  accost,  call,  nor  stop  any  person  passing 
by,  nor  to  walk  up  and  down  the  sidewalk  or  banquette,  nor 
stroll  about  the  streets  of  the  city  indecently  attired,  under  the 
penalty  of  not  less  than  ten  (10)  dollars  for  each  and  every  con- 
travention ;  and  in  default  of  payment,  such  woman  or  girl  shall 
be  imprisoned  not  less  than  fifteen  days. 

No.  1096.     (13.)  That  any  person  who  shall  interfere  with,  opposing  police, 
obstruct,  or  prevent  any  of  the  police  of  this  city  from  enforcing 
the  provisions  of  this  ordinance,  shall  be  fined  not  less  than 
twenty-five  dollars,  and  in  default  of  payment,  shall  be  imprisoned 
not  less  than  thirty  days. 

No.  1097.     (14.)  That  it  shall  be  the  duty  of  the  police  of  Police  to  enforce 

...  .  ..  .  .  this  ordinance. 

this  City,  strictly  to  enforce  the  provisions  of  this  ordinance,  and 
to  arrest  all  persons  contravening  against  the  same,  under  tho 
penalty  of  dismissal. 

No.  1098.  (15.)  That  this  ordinance  shall  go  into  effect,  and  when  to  go  into 
be  in  full  force  from  and  after  the  first  day  of  February  next. 

Amended  by  No.  1101. 

No.  1099.    (16.)  That  all  ordinances,  or  parts  of  ordinances,  Bepeaiing clause, 
contrary  to  the  provisions  of  this  ordinance  be,  and  the  same  are 
hereby  repealed. 

OityOrdinance,  No.  3267.    Approred  March  lOtbj  1857. 


380 


NOTARIES  PUBLIC. 


Amending 

1087. 


Amendiog 
1098. 


^        An  Ordinance,  to  amend  section  4th  and  6th  of  the  ordinance  No.  3267, 
\        entitled  an  ordinance  concerning  Lewd  and  Abandoned  Women,    ap- 
proved March  10th,  1857. 

No.  No.  1100.  That  section  fourth  of  the  ordinance  entitled  "An 
ordinance  concerning  lewd  and  abandoned  women/'  approved  10th 
March,  1857,  be  so  amended  as  to  make  the  annual  tax  referred 
to  in  said  section,  payable  on  the  first  day  of  April  of  each  year, 
instead  of  the  first  of  February,  as  therein  provided. 

No.  No.  1101.  That  section  fifteen  of  said  ordinance  be  so  amended 
as  to  read  as  follows,  viz :  "That  this  ordinance  shall  go  into 
eiFect,  and  be  in  full  force  and  effect  from  and  after  the  first  day 
of  April,  1857." 

City  Ordinance,  No.  3318.    Approved  March  27,  1857. 


Amending  No. 

1084. 


An  Ordinance  to  amend  first  paragraph  of  section  first  of  the  ordinance 
No.  3267,  entitled  ''An  ordinance  concerning  Lewd  and  Abandoned  Wo- 
men," approved  March  10th,  1857. 

No.  1102.  That  paragraph  first,  of  section  first,  of  the  ordi- 
nance entitled  an  ordinance  concerning  lewd  and  abandoned 
women,  approved  10th  March,  1857,  be  so  amended  as  to  read 
as  follows,  viz : 

The  first  district,  between  the  river.  Felicity  Road,  Hercules, 
the  New  Canal,  Claiborne  and  Canal  streets. 

That  this  ordinance   shall  go  into  effect  from  and   after  its 


City  Ordinance,  No.  3320.    Approved  April  2nd,  1857. 


NOTARIES  PUBLIC. 


ACTS  OF  THE  LEGISLATURE. 


An  Act  relative  to  Notaries  Public  in  and  for  the  parish  and  city  of 
New  Orleans. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
After  the  1st  of  the  State  of  Louisiana  in  General  Assembly  convened,  That  from  and  after 
^resent  offices*^^  *^®  ^^^^  ^^^  ^^  ^^^^^  eighteen  hundred  and  fifty-seven,  the  offices  of  each 
v2cated.  and  every  notary  public  appointed  previous  to  the  passage  of  the  present 

act  shall  be,  and  they  are  hereby  declared  to  be  vacated. 
Governor  to  ap-      Sec.  2.     That  the  Governor  shall,   by  and  with  the  consent  of  the 
numbercTf  no-     Senate,   appoint  not  less  than  forty  and  not  more  than  sixty  notaries 


I 


ORPHANS.  881 

for  the   parish  of  Orleans,    who  besides  the   qualifications  previously  taries— their 

required  bylaw,  shall   give  bond,  with  one  or  more  solvent  sureties,  in    <^'*<^'®*<'-      ,;, 

the  sum  of  five  thousand  dollars,  subscribed  in  favor  of  the  Governor  of 

the  State,  and  conditioned  as  the  law  directs  for  the  faithful  performance 

of  his  duties ;  which  bond  shall  be  recorded  in  the  office   of  the  register 

of  conveyances,  in  a  special  book,  kept  to  that  effect,  after  having  been 

duly  approved  by  the  judge  of  the  first  district  court  of  New  Orleans. 

Sec.  3.     That  in  making  the   appointments   above   provided  for,  as  The  Governor  to 
well  as  in  the  event  of  the  death,  resignation  or  removal  of  any  notary  partfcular  offices 
in  the  said  parish   and  city   of  New  Orleans,    the   Governor  shall,   by  **'*^- 
special  order,  under  the  seal  of  the  State,  designate  the  notary  to  whose 
custody  shall  be  consigned  the  records  of  the  notary  or  notaries  so  dead, 
resigned  or  removed. 

Sec.  4.     That  all  laws  or  parts  of  laws  contrary  to  the  provisions  of  Repealing  clause, 
this  act  be,  and  the  same  are  hereby  repealed. — Acts  of  1857,  No.  109. 


OFFENSES  AND  NUISANCES. 


ACTS  OF  THE  LEGISLATURE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  State  of 
Louisiana,  in  General  Assembly  convened,  That  the  one  hundred  and  tenth  Repealing  laws 
section  of  an  act  entitled,    "An  act  relative  to   crimes   and   offenses,"  tfng  on  elections, 
approved  March   fourteenth,  eighteen  hundred  and  fifty-five,  and  which 
reads  as  follows :  *'That  whoever  shall,  either  directly  or  indirectly,  bet, 
stake  or  hazard  any  money  or  other  property  or  consideration,  upon  any 
election  for  an  office  of  this  State,  or  of  the  United  States,  shall,  on  con- 
viction, be  fined  not  less  than  the  amount   of  money  or  the  value  of  the 
property  bet,  staked   or  hazarded,  nor   more  than  double   such  amount    ^ 
to  be  paid  into  the  treasury  of  the  school  funds  of  said  parish,"  be,  and 
the  same  is  hereby  repealed. — Acts  of  1867,  No.  102. 

See  acts  of  1857,  No.  55. 


ORPHANS. 

An  Ordinance  for  the  Relief  of  Orphans.  «;..  - 

No.  1003.     (1.)  That  the  sum  of  fourteen  dollars  be,  and  the  Annual  appro 
same  is  hereby  appropriated  annually  for  the  maintenance  and 
education  of  each  orphan  in  the  various  asylums  of  this  city  and 
suburbs;  upon  the  conditions  hereinafter  enumerated. 


'S82^:  ORPHANS. 

Dutyofpresi.  No.  1104.     (2.)    That  the  president  and  secretary,  or  the 

asylums.'  regular  legal  officers  of  each  asylum  claiming  this  appropriation 

shall,  on  the  first  day  of  December  in  each  year,  furnish  to  the 
comptroller  of  the  city  a  full  and  correct  statement  of  the  num- 
ber, age,  and  sex  of  each  orphan  inmate  of  their  respective 
asylums  on  that  day,  and  said  statement  shall  be  the  basis  of  the 
,  appropriation  for  the  ensuing  year. 

A8yiums,onor-        jsfo.  1105.     (3.)  That  the  officers  of  each  and  every  asylum 

der  of  mayor,  to         ,     ^  ^         ^     ^      ,     ^  ^  J       J 

receive  orphans,  claiming  this  appropriation  shall,  upon  the  written  order  of  the 
mayor  of  the  city,  receive  and  maintain  all  orphans  thus  sent  to 
them,  free  from  any  additional  charge  to  the  city. '^ And  that  the 

»i*.«4->i»(  comptroller,  upon  the  certificate  of  the  mayor  that  the  foregoing 

conditions  have  been  complied  with,  shall  warrant  on  the  trea- 
surer in  favor  of  the  president  of  each  asylum  thus  entitled,  for 
the  amount  appropriated  to  each  asylum,  in  equal  quarterly 
payments. 

^PPf-JP^ations         ^Q^  1106.     (4.)  That  the  following  amounts  be,  and  the  same 
are  hereby  appropriated  to  the  following  asylums,  payable   in 
three  equal  instalments,  on  the  first  day  of  April,  on  the  first  day 
of  July,  and  on  the  first  day  of  October,  1857  : 
St.  Mary's   Male   Orphan   Asylum,   third    district, 

300  orphans $3,150  00 

Female  Orphan  Asylum,  Camp  street,  first  district, 

245  orphans 2,572  50 

Poydras    Female    [Orphan    Society,   Jefferson,   130 

orphans 1,365  00 

St.  Joseph's  Grerman  Orphan  Asylum,  fourth  district, 

113  orphans..; 1,186  50 

Orphans'  Home,  corner  Seventh  and  Live  Oak,  fourth 

district.  Ill  orphans 1,165  50 

Protestant    Orphan  Asylum,   Jackson   and   Fulton, 

fourth  district,  104  orphans 1,092  00 

St.   Ann  Asylum,  St.    Mary  and  Prytania  streets, 

fourth  district,  52  orphans 546  00 

Ladies  of  Providence  Asylum,  LaHarpe  street,  third 

district,  14  orphans 147  00 

Repeaiingcer-  No.  1107.     (5.)  That  all  ordinances  or  resolutions  of  the  late 

tain  ordinances,  j^^uigjpalities  of  the  city  of  Ncw  Orleans  and  Lafayette,  making 
appropriations  for  the  support  and  maintenance  of  orphans  be^ 
and  the  same  are  hereby  repealed. 

City  Ordinance,  No.  3321.    Approved  April  2d,  1857. 


I 


PILOTS.  383 

PILOTS. 

ACTS  OF  THE  LEGISLATURE. 
An  Act  relative  to  Pilots. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Louisiana,  in  General  Assembly  convened.  That  the  act  entitled  Act  of  1855  re- 
"An  act  relative  to  pilots,"  approved  March  fifteenth,  eighteen  hundred  P®»^^<*' 
and  fifty-five,,  be,  and  the  same  is  hereby,  repealed. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Governor  to  appoint  from  Governor  to  ap- 
among  the  present  branch  pilots  of  the  port  of  New  Orleans,  such  a  P^^"*^  pilots. 
number  of  pilots  as  the  interest  of  commerce  may  demand,  and  from 
time  to  time  hereafter  increase  the  same,  should  an  increase  be  deemed 
by  him  important.  The  Governor  shall  appoint  not  more  than  six  for 
the  Atchafalaya  bay  and  river,  and  one  or  more  for  the  Sabine  river. 
No  person  shall  be  appointed  unless  he  be  a  qualified  voter,  and  until  he 
be  examined  by  a  board  of  examiners  and  recommended  by  the  board 
as  a  qualified  branch  pilot. 

Sec.  3.     That  two  boards  of  examiners   shall  be  appointed  by  the  B^ard  of  exam- 
Governor,  every  two  years,  to  be  composed  of  three  persons   each,  to  be  i°ers. 
selected  from  the  branch  pilots.     One  of  said  boards   shall  be  for  the 
port  of  New  Orleans,  and  the  other  for  the  Atchafalaya  bay  and  river. 
The  Governor  shall  have  power  to  fill  all  vacancies. 

Sec.  4.     That  every  branch  pilot  before  he  takes  upon  himself  the  pnotatogive 
execution  of  his  duties,  shall  give  bond  to  the  Governor   of  the  State,  ^o'^^^- 
with  two  sufficient  securities,  in  the  sum  of  one  thousand  dollars,  to   be 
approved  of  by  the  masters  and  wardens  of  the  port  of  New  Orleans   or 
by  the  recorder  of  mortgages  of  the  parish  of  St,  Mary. 

Sec.  6.     That  every  branch  pilot  of  the  port  of  New  Orleans  shall  be  pnots  to  own  pi. 
owner  or  part  owner  of  at  least  one  decked  pilot  boat,  of  not  less  than  1°*  boats. 
thirty  feet  keel,    and  he  shall  keep  such  boat  exclusively  employed  as  a 
pilot  boat.     Every  such  branch  pilot,  not  owning  or   employing  a  pilot  ^ 
boat  as  aforesaid,  shall  be  suspended  from  his   office  by  the  masters  or 
wardens  of  the  port  of  New  Orleans,  who   shall  report  the  case   to  the 
Governor,  who  may  withdraw  the  commission  or  license  of  such  branch 
pilot,  if,  in  his  opinion,  circumstances  require  such  removal. 

Sec.  6.     That  every  branch  pilot  for  the  Atchafalaya  bay  and  river,        .     x.  .,  +     ^ 
shall  be  the  owner  or  part  owner  of  at  least  one  decked  pilot  boat,  of  not  Atchafayla. 
less  than  thirty  feet  keel  and  eight  feet  beam,  and  keep  her  exclusively 
employed  as  a  pilot  boat,  at  least  from  the  first  of  October  until  the  first 
of  June  in  each  year.     The  violation  of  this   section  shall  subject  the 
offender  to  fifty  dollars  fine  for  each  offense.  . .., 

Sec.  7.     That  if  any  person  not  appointed  a  branch  pilot  shall  pilot  pg^gQ^g  «aot*iie 
any  ship,  or  other  vessel,  when  a  branch  pilot  offers,  he  shall  forfeit  and  who  are  not 
pay  to  said  branch  pilot  twice   the  amount  of  the  pilotage  paid  to  and  ^*  ^ 
earned  by  him. 

Sec.  8.     That  every  person  offering   to  pilot  a  ship   or  other  vessel  to  exhibit  li- 
shall,  if  required,  exhibit  to  the  commander  of  the   ship  or  vessel  his  ce°se. 
license  as  branch  pilot,   and  upon  his  refusing  or  neglecting  to  do  so, 


k 

i 
S84    '  PILOTS. 

when  demanded,  he  shall  not  be  entitled  to  any  remuneration  for  any  ser- 
vice he  may  render  as  pilot. 
Compensation  of     Sec.  9-     That  the  pilots  of  the  port  of  New  Orleans,  shall  be  entitled 
^*  °  ^'  ®    '  to  ask  and  receive  pilotage  at  the  rate   of  two  dollars  and  fifty  cents  for 

every  foot  drawn  by  any  ship  or  vessel,  piloted  by  them,  drawing  ten  feet 
of  water  or  less,  and  three  dollars  and  fifty  cents  for  all  vessels  over  ten 
and  under  eighteen  feet  of  water,  and  four  dollars  and  fifty  cents 
for  all  vessels  having  eighteen  feet  of  water  and  upwards.  Vessels  of 
one  hundred  and  fifty  tons  and  under,  from  Louisiana,  Texas,  Alabama 
and  Florida,  shall  come  in  and  go  out  free. 
Duty  of  pilots.  Sec.  10.  That  it  shall  be  the  duty  of  the  pilots  to  pilot,  when 
required,  all  inward  bound  vessels  from  outside  of  what  is  commonly 
called  *' The  point  of  the  main  reef  "  to  the  mouth  of  the  Atchafalaya 
river,  and  all  outward  bound  vessels  from  the  said  river  outside  of  the 
reef;  and  the  pilots  shall  be  entitled  to  demand  and  receive  three  dollars 
and  fifty  cents  per  foot  that  any  vessel  may  draw  under  eight  feet ;  for 
each  foot  over  eight  feet,  four  dollars;  the  part  of  a  foot  in  like  proportion^ 
All  vessels  refusing  a  pilot,  other  than  those  trading  within  the  State 
of  Louisiana,  shall  pay  half  pilotage,  both  inward  and  outward  bound, 
provided  they  shall  be  spoken  by  a  branch  pilot,  when  inward  bound, 
outside  of  the  reef,  and  all  outward  bound  vessels  between  Berwick's 
bay  and  the  mouth  of  the  Atchafalaya  river. 
Pilots  to  pilot  out  Sec.  11.  That  any  pilot  piloting  any  vessel  safe  from  sea,  shall  have 
they  brought  in  *^®  exclusive  right  to  pilot  such  vessel  to  sea  again  ;  provided,  he  gives 
satisfaction  to  the  master  on  coming  in,  and  be  in  readiness  and  offer  his 
services  before  the  vessel  gets  below  Shell  Island  and  the  Atchafalaya 
river. 
Pilots  refusing  to  Sec.  12.  That  whenever  any  branch  pilot  shall,  when  practicable,  re- 
^^^°^'  fuse  or  neglect  to  go  on  board  of  any  ship  or  other  vessel,  when  called  by 

signal  or  otherwise,  he  shall  lose  his  commission  and  be  forever  incapaci- 
tated from  being  commissioned  as  pilot,  and  shall  morever  be  liable  to  be 
fined  in  the  sum   of  five  hundred  dollars  ;  in   default  of  the   payment 
thereof,   he  shall   suffer  imprisonment  for  a  time  not  less  than  three 
months  nor  more  than  six  months. 
Master  and  war-     Sec.  13.     That  the  masters  and  wardens  of  the  port  of  New  Orleans, 
^^T  ^J^^^^      with  the  consent  of  the   Governor  of  this  State,  may  make  such  rules 
and  orders  for  the  better  government  of  the  pilots,  as  they  shall  deem 
proper,  and  the  same  from  time   to  time  revoke  and  amend,  and  impose 
fines  for  contravention  of  such  rules  and  regulations.     The  fines  thus  Im- 
posed shall,  in  no  case,  exceed  the  sum  of  one  hundred  dollars. 
Cofifee  houses,         Sec.  14.     That  no   license  shall  be  granted  to  any  person  to  keep    a 
etc.,at  the  bahze,  ^j^ygpn^  grog-shop,  billiard-house,  or  any  other  house  of  public  entertain- 
.    .^  ment  at  the  Balize,  the  Pouth  West  Sass,  or  any  other  station  for  pilots, 

J  /u  s  nor  within  three  miles  from  such  station,  unless  the  person  applying  for 

such  license  shall  be  recommended  in  writing  by  a  majority  of  the  branch 
pilots.     Any  person  keeping  any  public  house,   as   aforesaid,  at  any  of 
:,  j?,,7^j^.5  ^,    the  places  aforementioned,  without  a  license,  shall  pay  a  fine  of  fifty  dol- 
*' '  '  lars  for  each  and   every  week  such  house  shall  be  kept;  and,  moreover, 
be  obliged  to  shut  up  or  remove  such  public  house.    Nothing  in  this 


< 


.JTQJOD  'S-  PILOTS.  A  SSCVAtTB 


885 


section  shall  be  so  construed  as  to  exonerate  persons  keeping  public 

houses  without  licenses,  from  the  fines  or  other  penalties  decreed  by  the 

parish  regulations. 

Sec.  15.     That  whenever  any  person  shall  take,  or  cause  to  be  taken  Taking  up  an- 
•'  ■^  .  cnor  in  tne  river, 

up,  any  anchor  or  cable  in  the  river  Mississippi,  he  shall  bring  or  send  etc 

the  same  to  the  port  of  New  Orleans,  when  the  same  shall  be  deposited 
at  such  place  as  the  master  and  warden  of  the  port  shall  determine,  and 
if  claimed  within  three  months,  by  the  owners  thereof  or  their  agents, 
the  said  anchor  or  cable  shall  be  restored  to  them,  on  their  proving  prop- 
erty, and  paying  to  the  person  so  taking  up  and  bringing  the  same  to  the 
port  of  New  Orleans,  such  salvage  as  shall  be  determined  by  the  master 
and  warden  of  the  port.  la  case  such  anchor  or  cable  should  not  be 
claimed  within  the  space  of  three  months,  the  same  shall  become  the 
property  of  the  person  by  whom  it  may  have  been  taken  up.  Any  per- 
son so  neglecting  or  refusing  to  comply  with  the  provisions  of  this  sec- 
tion, shall  forfeit  and  pay  for  every  such  ofFense  the  sum  of  fifty  dollars. 

Sec.  16.     That  all  fines,  forfeitures  or  penalties  should  be  sued  for  and  Fines  to  be  for 
recovered  in  the  name  of  the  master  and  wardens  of  the  port,  for  the  use  hospital! 
and  benefit  of  the  charity  hospital  of  New  Orleans, 

Sec.  17.  That  the  master  or  owner  of  any  ship  or  vessel  appearing  in  Extra  service 
distress  and  in  want  of  a  pilot  on  the  coast,  shall  pay  unto  such  branch  (JstJess!^^* 
pilot,  who  shall  have  exerted  himself  for  the  preservation  of  such  ship 
or  vessel,  such  sum  for  extra  services  as  the  said  master  or  owner  and 
pilot  can  agree  upon.  In  case  no  such  agreement  can  be  made,  the 
master  and  warden,  or  any  of  them,  shall  determine  what  is  a  reasona- 
ble reward,  which  the  pilot  shall  be  entitled  to  collect. 

Sec.  18.     That  if  the  master  of  any  ship  or  vessel  coming  or  going  Half  pilotage  to 
out  of  any  of  the  mouths  of  the  Mississippi  river,  shall  refuse  to  receive  cases.^ 
on  board  and  employ  a  pilot,  the  master  or  owner  of  such  ship  or  ves- 
sel, shall  pay  to  such  pilot,  who  shall  have  offered  to  go  on  board  and 
take  charge  of  the  vessel,  half  pilotage. 

Sec.  19.  That  if  any  vessel  going  out,  shall  carry  off  to  sea,  through  Carrying  pilots 
the  default  of  the  master  or  owner  of  such  vessel,  any  pilot,  when  a 
boat  is  attending  to  receive  him,  the  master  or  owner  of  such  vessel, 
shall  pay,  besides  the  pilotage,  the  same  monthly  wages  until  he  shall 
return  to  the  port  of  New  Orleans,  as  are  allowed  to  the  mate  of  such 
vessel :  Provided,  the  pilot  shall  have  performed  the  duties  required  of 
him  by  law. 

Sec.  20.    That  it  shall  be  the  duty  of  the  board  of  examiners  or  the  Duty  of  wardens 
master  and  wardens    of  the  port  of  New  Orleans  to  report  to  the  fattnTo^bad  be- 
Governor  any  neglect  of  duty,  habitual  intemperance,  carelessness,  in-  ba'piour,  etc.,  of 
competency  or  any  act  or  conduct  of  a  branch  pilot,  showing  that  said 
branch  pilot  ought  to  be  removed,  and  upon  due  inquiry  it  shall  be  the 
duty  of  the  Governor,  if  such  report  be  well  founded,  to  revoke  the 
commission  of  said  branch  pilot.     The  Governor  may,  in  his  discretiott, 
suspend  or  remove  any  branch  pilot. 

Sec.   21.     That   discharging  ballast  in  the  bay,  shall  subject  the  Discharging  iial- 
master  or  owner  of  such  vessel  to  a  fine  of  one  hundred  dollars. — ^Acts  ^**^  ^  ^*y- 
1857,  No.  113.  ■'^^  V^  '^.^xiii^-t.-i  tn  ,-v-';.- 

49 


386  I  SLAVES  AND  FREE  PERSONS  OF  COLOR. 

i.;;,„^,        REaiSTKY  OF  VOTERS.  ^    ,,rf 

Wheareas,  By  the  126th  section  of  the  city  charter  it  is  pro- 
vided, ^'That  the  common  council  shall  fix  the  compensation  of 
the  services  of  every  officer  of  the  city,  or  of  the  State,  whose 
said  services  are  by  law  to  be  paid  by  the  city  of  New  Orleans;" 
and  whereas,  the  act  of  the  legislature  creating  the  office  of  regis- 
ter of  voters  of  the  city  of  New  Orleans,  approved  March  20, 
1856,  section  18th  provides  that  the  salary  of  said  officer  shall 
be  paid  by  the  city  of  New  Orleans;  therefore,  be  it — 
Salary  of  register      No.  1108.     Resolvcd,  that  from  and  after  the  first  day  of 

of  voters.  .,  .  . 

April,  1857,  the  salary  of  the  register  of  voters  of  the  city  of 

New  Orleans  shall  be  at  the  rate  of  eighteen  hundred  dollars 

■Kft  yi  0*  Koai-T  P®^  annum,  payable  monthly,  on  the  ordinary  pay-roll  of  city 

xtvtJ^>ii>m.i^  officers. 


City  Ordinance,  No.  3317.    Approved  March  27th,  1857. 
See  acts  of  1857,  No.  210. 


^ib' 


REVENUE— TAXES  AND  LICENSES. 

—  •..■■.  .i>'jjB3^#!C,#'dl 

Tax  on  tesi  es-      No.  1109.     Resolved,  that  a  tax  at  the  rate  of  thMy-S6ten 

tate  an  slaves.    ^gjj|.g  ^^  every  one  hundred  dollars  of  the  assessed  value  of  all 

real  estate  and  slaves,  appearing  on  the  tableaux  of  assessment 

made  by  the  State  assessors  for  the  year  1856,  and  a  tax  of  one 

^Miq  tai'  ■  '   hundred  and  twenty-seven  cents  on  every  one  hundred  dollars  of 

^vwiiMn  j]^e  assessed  value  of  capital,  income  and  furniture,  appearing  on 

the  tableaux  of  the  State  assessors  for  the  year  1856,  be,  and 

the  same  is  hereby  levied  to  pay  the  ordinary  expenses  of  the 

city  government  for  the  year  1857,  over  and  above  the  receipt 

from  other  sources. 


City  Ordinance,  No.  3298.    Approved  March  25th,  1857. 


SLAVES  AND  FREE  PERSONS  OF  COLOR.  -^h 

Masters  of  ves-  No.  1110.  Resolved,  that  each  and  every  master  of  a  sea-go- 
free  c^oEi^per-  ing  vcssel,  or  steamboat,  in  reporting  free  colored  persons 
sons,  etc.  thereon,  as  required  by  law,  shall  pay  to  the  recorder  one  dollar 


( 


STREETS,  ETC.  387 

for  each  and  every  bond;  and  each  and  every  free  colored  per-  \ 

son  recorded  in  the  mayor's  office,  as  required  by  law,  shall  pay 

one  dollar  for  said  recording,  and  the  certificate  thereof;  and  all 

of  said  fees  shall  be  paid  by  the  officers  receiving  them,  into  the 

city  treasury,  monthly,  and  the  amount  thereof  reported  monthly 

to  the  common  council. 

^   City  Ordinance,  No.  3827.    Approved  April  2d,  1857.  ' 

j^^,,^,^^.r^„  ACTS  OF  THE  LEGISLATURE.  ^*    '-^      i*S*'*2f  f  "^fl 

,    . ,  TO   H/K(  W!  «T  Jew 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  Staid  of 
Louisiana,  in  General  Assembly  convened,  That  from  and  after  the  passage  No  slave  to  be 
of  this  act,  no  slave  shall  be  emancipated  m  this  State.— Acts  of  1857,  emancipated. 
No.  69 ;  approved  March  6th,  1857. 

See  Acts  of  1857,  No.  219. 

See  Acts  of  1857,  No.  265. 


STREETS,  ETC. 


An  Ordinance,  concerning  petitions  addressed  to  the  common  council,  for 
and  against  improvements  to  the  streets,  etc  ,  in  conformity  with  sec- 
tions 119, 120,  121  of  the  city  charter. 
No.  1111.     (!.')  That  all  petitions  to  the  common  council,  Petitions  to  be 

.  ^     ^  ^  i-iTi  referred  to   sur- 

for  improvements  to  be  made  on  streets,  etc.,  as  described  by  sec-  veyor. 
tions  119,  120  and  121  of  the  new  city  charter,  shall,  on  the 
first  reading  thereof,  be  referred  to  the  city  surveyor,  whose  duty 
it  shall  be  to  ascertain  whether  or  not  the  number  of  owners  of 
real  property  fronting  on  the  street,  etc.,  as  required  by  said 
sections,  are  affixed  to  said  petition  for  said  improvement,  to 
authorize  the  publication  of  the  same. 

No.  1112.  (2.)  That  should  the  number  of  owners  of  real  Duty  of  surveyor 
property  on  the  streets,  etc.,  petitioned  to  be  improved,  be  found 
affixed  thereto,  as  required  by  sections  119,  120  and  121,  it  shall 
be  the  duty  of  the  surveyor,  upon  his  knowledge  of  the  fact,  to 
inscribe  the  same  in  a  book  to  be  kept  for  the  purpose,  and 
report  thereon  to  the  common  council,  in  order  that  the  same 
may  be  published  according  to  law,  recording  in  said  book  the 
date  of  each  publication ;  and  after  the  completion  of  the  num- 
ber of  publications  required  by  law,  to  give  information  to  the 
common  council,  so  that  the  necessary  adjudications  may  be 
ordered  or  not,  as  the  case  may  be. 


388  I  STREETS,  ESO. 

Certain  other  pe-      No.  1113.     (3.)  That  all  petitions  obiectinff  to  improvements 

titions  to  be  re      .         ,  .  .  ,    .  i     n     i        i  /.-.-, 

ferred  to  sur-  already  petitioned  tor,  snail  also  be  referred  to  the  surveyor  on 
the  first  reading  of  the  same,  to  be  recorded  and  reported  by  him 
to  the  common  council,  as  the  nature  of  the  fact  may  be  upon 
examination  of  the  premises,  of  the  number  of  owners  of  real 
property  thus  objecting,  with  the  relative  bearing  of  the  same 
upon  the  improvements  petitioned  for,  according  to  sections  119, 
120  and  121,  of  the  new  city  charter. 
Costs  of  publish.  No.  1114,  (4.)  That  before  the  petitions  for  improvements 
comptroller.  are  published,  the  comptroller  shall  demand  and  receive  from 
the  petitioners  the  costs  of  publishing  said  petition,  in  accordance^ 
with  section  122  of  the  city  charter.  ■,, 

City  Ordinance,  No,  3304.    Approved  March  27th,  1857. 
See  No.  108. 


■*^  <»»»'>• 


'4  iipm 


s 

K 


CITY    OFFICERS.  / 

...  /' 


mayor; 
CHARLES    M.    WATERMAN. 

OOMPTEOLLER  :  TOBASUEEE  :     ^ 

THOMAS     THEARD.  *    ADAM    GIFFEN. 

STREET   COMMISSIONBE :  SURVEYOR: 

AMEDEE    GUYOL.  LOUIS    H.    PILIE. 


CITY  attorstbt:  assistant  city  attornbt: 

J.  J.  MICHIIL.  J.  C.  LATILLE. 

CITY  PHTSICUKS. 

DR.  ALEXANDER  HART,  DR.  CHARLES  DELBRY. 


First  District, GERARD  STITH.  Third  District, *...JOS.  SOLOMON. 

Second  District, G.  L,  FABRE.  Fourth  District, L.  ADAMS. 

Finance    Comiuittees« 

BOAED  OF  ALDKEMBN: 

L.  H.  PLACE,  Chairman,  J.  B.  GOURDAIN, 

AUG.  MONTGOMERY,  B.  S.  HARRISON. 

BOARD  OF  ASSISTANT  ALDXRUEN: 

N.  E.  BAILEY,  Chairman,  J.  B.  OLIVER, 

W.  C.  RAYMOND,  JOHN  E.  HOLLAND. 

BBCRETARIES  OF  THE  MAYOR  : 

J.  B.  WALTON,  JULES  CASSARD. 

BECRETAKtES  OF  THE  COMMON  COUNCIL. 

Board  of  Aldermen:   CHARLES  CLAIBORNE.      Board  of  Assistant  Aldermen :  J.  A.  HOPKINS. 

BOARD  OF  COMMISSIONERS  OF  THE  CONSOLIDATED  DEBT. 

CHARLES  M.  WATERMAN,  Mayor, President. 

L.  H.  PLACE,    Chairmen  Finance  Committee, Vice  President. 

T.  THEARD,  Comptroller.  ADAM  GIFFEN,  Treasurer. 

N.  E.  BAILEY,  Chairman  Finance  Committee,  Board  Assist.  Aldermen. 

OVIDE  DeBUYS,  Secretary. 

BOARD  OF  CITY  ASSESSORS. 

MARK  WALTON,  3d  Assessment  District,  President. 

ARTEMON  HILL, lat  Assessment  District.    B.  CHARBONNET, 7th  Assessment  District. 

LOUIS  BOULIGNY, 2d           *'               «           H.  DUCATEL, 8th  «  « 

B.  L.TRACY, 4th         «               "           C.  W.  FASSY, 9th  «  « 

JOSEPH  BTTER, 5th         «               "           B.  SOMMERBAU, 10th  "  « 

F.  CORREJOLLES, 6th         «              «           J.  A.  WATKINS, 11th  "  « 

J.  J.  BURNETT,  12tli  Assessment  District. 


\ 


i  .1  h  I  i  ''i  ^1 


?  f  ;.    .  M   r: ;  I  -J  ii 


i'tt*'W-<f:- 


1 


T     Hi'  -r  (^  11  r 


t&^ 


'■-jh'^f  .H  ^. 


INDEX 


K 


-"^.. 


xacr/ii 


,.   :.    *.#■ 


m 


f 


■^m^y^i  'T 


J  . 


INDEX. 


ADULTERATION  of  food  and  liquors,  No.  537. 
ADVERTISEMENTS,— CITY,  p.  190. 
AFFRAYS,  p.  183,  §  16. 

AGENCY— FISCAL,  p.  107.     See,  in  index,  "Fiscal  Agency." 
ALDERMEN,  p.  50.     See,  in  index,  "Common  CounciL" 
ALLEYS,  p.  281.     See,  in  index,  "Streets,  etc." 
ANIMALS  stray,  p.  207,  No.  589.     See,  in  index,  "Pounds." 
diseased.  No.  522. 
burial  of.  No.  527. 

beating  and  killing,  etc.,  p.  183,  ^  31  and  32. 
wild  and  dangerous,  No.  526. 

hogs.  No.  520. 

dogs.  No.  521. 
AQUA  FORTIS  AND  VITRIOL,  No.  525. 
ARCHIVES,  Nos.  1,  2,  219.. 
ASSAULTS,  p.  183,  §  13,  14. 
ASSESSORS  AND  ASSESSMENTS,  p.  22,  and  No.  214. 

See,  in  index,  "Board  of  Assessors." 
ASSISTANT  ALDERMEN,  p.  50.     See,  in  index,  "Common  Council." 
ASYLUM  FOR  INSANE  PERSONS,  p.  134.     See,  in  index,  "Insane  Persons. 
ATTORNEY— CITY,  p.  2. 

elected  every  two  years.  No.  3. 

his  office.  No.  4. 

his  duties.  No.  5. 

to  draft  ordinances,  etc..  No.  6. 

to  prepare  documents,  etc..  No,  7. 

to  keep  records  of  suits,  etc.,  No.  8. 

payment  of  money  into  the  treasury.  No.  9. 

to  make  semi-annual  reports.  No.  10. 

his  salary.  No.  11. 

duties  at  end  of  term,  No.  12. 

his  clerk,  and  his  duties  and  salary.  No.   1. 

duty  of  attorney  in  reference  to  insane  persons.  No.  386. 

duty  in  reference  to  house  of  refuge,  Nos.  376,  1083. 

duty  of  attorney  in  relation  \o  injunction  bonds.  No.  25. 
50 


94  INDEX.' 

ATTORNEY— CITY,  (Continued.)  ' 

duty  of  attorney  as  to  certain  bonds,  etc.,  p.  25,  ^  28.     Statute. 

council  to  elect  attorney  every  two  years,  p.  3.     Statute. 

his  duties,  p.  3. 

to  receive  no  extra  compensation,  p.  3. 

his  salary,  p.  3. 
ATTORNEY— CITY  ASSISTANT,  p.  3.  ([  Yi  J 

his  election,  Nos.  13,  23,  24. 

to  institute  certain  suits,  No.  14. 

to  appeal  in  certain  cases,  No.  15. 

his  weekly  reports,  No.  16. 

his  weekly  payments,  No.  17. 

his  books.  No.  18. 

annual  report,  No.  19.  £»Wf;  Imol  ''ITd'JU' 

his  compensation,  No.  20.  ,'  ""''■ 

duty  to  his  successor,  No.  21. 

his  bond.  No.  22. 

his  duty  as  to  injunction  bonds,  No.  25, 

his  duty  as  to  violation  of  ordinance  relative  to  balls,  etc..  No.  62. 

not  to  sue  in  certain  courts.  No.  26. 

duty  as  to  violations  of  street  ordinances.  No.  824. 

cancelling  judgments,  No.  27. 

recording  judgments,  Nos.  28,  183. 

comptroller's  duty  as  to  assistant  attorney's  accounts,  No.  203. 

his  election,  p.  189.     Statute. 

suits  for  taxes,  p.  251. 

suits  for  violation  of  ordinances,  p.  181.  *:>'' 

AUCTIONS  AND  AUCTIONEERS,  p.  6.     Statute. 

manner  of  qualifying,  p.  6,  §  1. 

bond  of  auctioneers,  p.  6,  ^  2.  iHA 

the  amount  of  bonds,  p.  7,  ^  3. 

license  from  auditor,  p.  7,  |  4.  IHA 

certain  persons  disqualified,  p.  7,  §  5.  <'■  ' 

who  may  be  auctioneers,  p.  7,  §  6.  '  "; 

certain  duty  on  articles  sold,  p.  7,  ^  7. 

in  certain  cases  forfeits  his  license,  p.  7,  ^  8. 

quarterly  accounts,  p.  7,  ^  9. 

annual  statements,  p.  8,  ^  10'. 

accounts  to  be  audited,  p.  8,  ^  11. 

oath  in  writing,  p.  8,  ^  12. 

duties,  when  to  be  paid,  p.  8,  g  12. 

his  af&davit  in  certain  cases,  p.  8,  ^  13.  or 

his  mileage,  p.  8,  §  14.  n 

sales  of  jewelry,  p.  8,  ^  15. 

sales  of  cutlery,  p.  9,  ^  16. 

right  of  purchaser  to  return  articles,  etc.,  p.  9,  g  17.  '  fl- 

mock  bidders,  etc.,  p.  9,  ^18.  ...  f'.jh 

auctioneers  cannot  purchase,  etc.,  p.  9,  ^  19.  io  •'{;*0t> 


INDEX. 

AUCTIONS  AND  AUCTIONEERS,  (Continued.) 

his  substitute,  p.  9,  §  20. 

places  of  sales,  p.  9,  ^  21. 

compensation  to  auctioneers,  p.  9,  §  22. 

in  judicial  sales,  statement  as  to  advertisements,  p.  10,  §  1. 

legal  advertisements,  what  proof  of,  p.  10,  ^  2. 

responsibility  for  neglect  to  advertise,  p.  10,  ^  3. 

prescription  against  informalities,  p.  10,  g  4.  ''*^ 

highest  bidders,  p.  10,  §  5.  '* 

all  sales  to  be  made  in  day  time,  except,  etc.,  p.  10,  g  G.  "' 

judicial  sales,  by  whom  made,  p.  11,  §  8. 

succession  sales,  by  whom  made,  p.  11,  ^  9. 

proces  verbal — effect  as  evidence,  p.  II,  §  10. 

notes  and  securities,  p.  11,  |  11. 

duty  of  recorder  of  conveyances,  p.  11,  ^  12. 

certain  sales  may  be  made  in  New  Orleans,  p.  11,  g  13. 
AWNINGS,  SHEDS  AND  HANGING  SIGNS,  p.  11. 
BAKERY,  BREAD,  ETC.,  p.  13. 

chimneys  of  bakeries,  how  to  be  built,  Nos.  154,  155. 
BALLS,  THEATRES,  ETC.,  p.  15. 

permission  for  balls  to  be  first  obtained.  No.  46. 

mayor  to  close  places  of  amusement  in  eertain  cases,  No.  47. 

duration  of  balls,  No.  48. 

carrying  weapons  at  balls,  etc.,  No.  49. 

penalty  for  carrying  weapons  at  balls,  etc..  No.  50. 

police  for  places  of  amusement,  No.  51. 

their  compensation.  No.  52. 

city  police.  No.  53. 

opposing  police.  No.  54. 

permission  for  exhibitions  to  be  obtained,  and  tax,  No.  55. 

disorderly  acts.  No.  56. 

persons  of  color.  No.  57. 

vehicles  in  front  of  public  places,  etc..  No.  58.  ^*»'t 

hours  for  police,  No.  59. 

seats  for  city  officers.  No.  60. 

duty  of  mayor  and  surveyor,  to  prevent  accidents,  No.  61. 

violation  of  ordinances.  No.  62. 

mayor  to  preserve  order.  No.  63. 

ordinances  to  be  posted  at  public  exhibitions,  No.  64. 

immoral  exhibitions,  No.  532. 
*  tax  for  the  benefit  of  charity  hospital,  p.  128,  §  10.     Statute. 

BANQUETTES,  p.  281.     See,  in  index,  "  Streets,  etc." 
BAR-ROOMS,  p.  44.     See,  in  index,  "  Coffee  Houses." 
BASIN— FLAT  BOAT,  p.  110.     See,  in  index,  "Flat  Boat  Basin." 
BASINS  AND  CANALS,  p.  32.     See,  in  index,  "Canals." 
BATHING  IN  PUBLIC  PLACES,  No.  519. 
BATTURE,  p.  18. 

certificate  of  surveyor  must  be  had  for  sand,  etc.,  No.  66. 


i 


INDEXi 

BATTURE,  (Continuedi) 

no  sand  permitted  to  remain  on  the  levee,  etc.,  No.  67. 

duty  of  wharfingers,  No.  68. 

decisions  of  supreme  court,  pp.  19,  165,  292. 
BEEF  AND  PORK,  inspection  of,  p.  20.     Statute. 

inspectors  for  New  Orleans  appointed,  p.  20,  |  1.     Statute. 

to  provide  suitable  stores  and  yards,  p.  20,  |  2.     Statute. 

barrels,  how  made,  contents,  brands,  etc.,  p.  21,  g  3.     Statute. 

inspection,  how  made,  p.  21,  §  4.     Statute. 

beef,  etc.,  for  exportation,  how  sorted,  etc.,  p.    21,  §  5.     Statute. 

penalty  for  fraud  or  neglect  of  duty,  p.  21,  ^  6.     Statute. 

penalty  for  mixing  or  changing  beef,  etc.,  etc.,  p.  22,  §  7.     Statute. 

inspectors  not  to  buy  and  sell,  etc.,  p.  22,  ^  8.     Statute. 

not  removed  until  fees  paid,  p.  22,  ^  9.     Statute. 

fees  for  inspection,  p,  22,  §  10.     Statute. 

penalties  how  appropriated,  p.  22,  §  11.     Statute. 
BEER  HOUSES,  p.  44.     See,  in  index,  "CoflFee  Houses." 

BELLS— DOOR,  ringing  of.  No.  496.  .  ,.^ 

BIRTHS  AND  DEATHS,  register  of,  p.  233. 

See,  in  index,  "Registry  of  Births."  Id  Ail 

BOARDING  HOUSES  AND  HOTELS,  p.  131. 

BOARD  OF  ALDERMEN,  p.  50.     See  in  index  ''Common  Council." 
BOARD  OF  ASSESSORS,  p.  22. 
BOARD  OF  COMMERCE,  p.  366. 
BOARD  OF  CURRENCY,  pp.  84,  368. 

BOARD  OF  HARBOR  MASTERS,  p.  118.     See  in  index  '«  Harbor  Masters." 
BOARD  OF  "HEALTH,  p.  120.     See  in  index  *«  Health-" 
BONDS  AND  SECURITIES,  p.  24. 

to  be  executed  before  the  mayor.  No.  73. 

sureties  must  possess  real  estate,  etc.,  Nos.  74,  234. 

bonds  to  be  completed  before  issue  of  warrants.  No.  75. 

must  be  furnished  within  two  weeks,  No.  76. 

the  conditions  of  all  bonds,  No.  77. 

bond  of  assistant  city  attorney,  No.  22. 

bonds  of  coflFee  house  keepers,  No.  162. 

contractors  to  give  security.  No.  237. 

forfeiture  of  bonds,  etc.,  p.  25,  g  28.     Statute. 

the  city  authorized  to  require  bonds,  p.  25,  |  42.     Statute. 
BONE  BLACK  FACTORIES,  p.  89. 
BREAD  AND  BAKERIES,  p.  13. 
BUGGY,  p.  311. 
BUILDERS,  MASTER,  WORKMEN,  etc.,  p.  26. 

in  building  may  use  certain  part  of  sidewalk  and  street,  etc..  No.  79. 

unlawful  to  use  certain  portions,  etc..  No.  80. 

forbidden  to  obstruct  gutters,  etc..  No.  81. 

street  commissioner  to  enforce  ordinance  relating  to  builders,  No.  82. 

tax  on  builders.  No.  689. 
BUILDINGS,  numbering  of  fire  liwitg,  p,  27.      jia  ^crpriun  li  .    ,.       ; 


( 


INDEX.  397 

BmLDWGS,  (Continued.) 

ground  to  be  filled,  No.  84. 

surveyor's  lines  and  level  to  be  obtained,  No.  85. 

front  steps  of  buildings,  No.  86. 

windows  and  shutters,  No.  87. 

roof  gutters,  conduits  for  water,  etc.,  No.  88. 

ofl&cers    of  fire  department  to  examine  the  construction   of  houses,  etc., 
No.  292.  . ; 

dangerous  buildings,  duty  of  surveyor,  etc.,  No.  89.  '   ' 

public  buildings  to  be  made  safe,  duty  of  mayor,  etc..  No.  90. 

demolition  of  houses  to  stay  progress  of  fire,  Nos.  270,  281. 

defacing  buildings,  fences,  etc..  No.  91.  ' 

buildings,  how  to  be  constructed  to  prevent  fire.  No.  263,  292. 

all  houses  to  be  numbered,  etc..  No.  92, 

power  of  mayor,  etc.,  to  order  numbers  to  be  affixed.  No.  93. 

wooden  buildings  not  to  be  erected  within  certain  limits.  No.  95. 

houses  with  wooden  roofs  not  to  be  built  within  certain  limits,  No.  96. 

removal  of  houses,  No.  97. 

increasing  dimensions  and  repairing  houses.  No.  98. 

penalty  for  violation  of  ordinanc*- relative  to  buildings,  No.  99. 

power  of  city  to  make  ordinances  relative  to  wooden  build'gs,  p.  31 .    Statute. 
BULL  AND  BEAR  FIGHTS,  No.  522. 

BURIALS  AND  BURYING  GROUNDS,  p.  35.  See  in  index  ''cemeteries,  etc." 
CABARETS,  p.  44.     See,  in  index,  ''Coffee  Houses." 
CABS,  p.  311.     See,  in  index,   "Vehicles." 
CAMPHENE  FACTORIES,  p.  89. 
CANALS  AND  BASINS,  pp.  32,  365. 

powers  of  the  harbor  master  of  the  new  canal.  No.  101. 
«    captains  to  report  to  harbor  master,  name,  etc.,  of  vessel,  No.  102. 

captains  to  report  in  relation  to  cargo,  etc.,  No.  103. 

captains  to  conform  to  orders  of  harbor  master,  No.  104. 

when  to  discharge  cargo,  No.  105. 

vessels  unemployed  to  pay  five  dollars  per  day,  etc.,  No.  106. 

not  to  discharge  or  receive  cargo  in  certain  places.  No.  107. 

unseaworthy  vessels,  No.  108. 

vessels  to  have  keepers  on  board,  No.  109. 

vessels  not  to  be  built  or  careened  for  repairs  in  canal,  No.  110. 

combustible  matter  and  fires.  No.  111. 

rafts  and  timbers  not  to  be  brought  in  canal,  No.  112. 

steamboats  in  canal.  No.  113. 

course  of  vessels  in  passing  each  other.  No.  114. 

towing.  No.  115. 

vehicles  not  to  be  driven  on  tow-path  of  canal.  No.  116. 

throwing  articles  in  or  obstructing  canals,  No.  117. 

fines.  No.  118. 

vehicles  not  to  be  driven  on  landings.  No.  119. 

schooner  landing  in  canal  Carondelet,  No.  120. 

Where  to  discharge  cargo  in  said  canal,  No.  121. 


398  INDEX. 

CANALS  AND  BASINS,  {Continued.) 

penalty,  No.  122. 

hauling  timber  from  bayou  St.  John,  No.  1077,  etc. 
CARPENTERS,  p.  26. 
CARPETS,  shaking  of,  etc..  No.  514. 
CARRIAGES,  p.  311.     See,  in  index,  '*  Vehicles." 
CARROLLTON  AND  NEW  ORLEANS  RAILROAD,  p.  223. 

See  in  index,  "Railroads." 
CARTS,  p.  311.     See  in  index,  "Vehicles." 
CEMETERIES  AND  INTERMENTS,  p.  35. 

certificates  for  burial.  No.  123. 

failure  to  obtain  certificates,  No.  124. 

of  the  material  for  building  tombs.  No.  125. 

opening  tombs.  No.  126. 

cemeteries  belonging  to  associations,  etc.,  No.  127. 

removal  of  rubbish,  No.  128. 

duty  of  sextons,   No.  129. 

prices  for  interments.  No.  130. 

duty  of  recorder  of  births  and  deaths.  No.  131. 

duty  of  surveyor  and  street  commissioner  relative  to  cemeteries,   No.  132. 

burials  and  church-yards,  No.  133. 

damaging  and  defacing  tombs,  graves,  etc.,  Nos.    134,  535. 

improper  conduct  in  cemeteries,  etc.,  No.  135. 

dead  bodies  to  be  buried  within  forty-eight  hours,  etc.,  No.  136. 

vehicles  not  to  enter  cemetries.  No.  137. 

burial  of  indigent  deceased  persons,  No.  138. 

burial  of  deceased  prisoners,  No.  139. 

interments  in  fourth  district  cemetery,  No.  140 

cemetery  of  Israelite  association.  No.  141. 

sextons  authorized  to  make  arrests,  etc.,  142. 

sextons  to  post  certain  ordinance;  No.  143. 

cemeteries  not  to  be  established  without  permission.  No.  144. 

disinterring  dead  bodies.  No.  538. 

cemeteries  exempted  from  taxation,  p.  40,  ^  1.     Statute. 

right  of  associations  to  sell  lots  for  burial,  etc.,  p.  40,  §  2.     Statute. 
CHAIN  GANG,  p.  41. 
CHAMBER  OF  COMMERCE,  p.  366. 

CHARITY  HOSPITAL,  p.  127.     See,  in  index,  "Hospitals." 
CHILDREN,  pp.  131,  182,  |  122. 

how  punished,  No.  548.  ; 

CHIMNEYS  AND  STOVES,  p.  41. 

chimneys  to  be  swept  every  month.  No.  147. 

stoves— distant  from  wood  work.  No.  148. 

stove  pipes — how  to  be  fixed.  No.  149. 

stove  pipes  not  to  project  over  side  walks.  No.  150. 

to  be  so  arranged  as  not  to  annoy  neighbors.  No.  151. 

penalty  for  violations  of  the  ordinances,  No.  152. 

chimneys  of  steam  engines,  bakeries  and  factories,  No.  154. 


CHIMNEYS  AND  STOVES,  (Continued.) 

penalty  for  violation  of  foregoing  provision,  No.  155. 
chimneys,  etc.,  how  to  be  constructed,  No.  263. 
fire  department,  oflBcers  have  right  to  superintend,  etc.,  No.  292. 
chimneys — how  built  against  walls  in  common,  etc,  pp.  42,  43.     Statute. 
CmCUSES,  p.  15.     See,  in  index,  "Balls,  etc.  " 
CITY  ATTORNEY  p.  2,     See,  in  index,  "Attorney." 

CITY  ASSISTANT  ATTORNEY,  p.  3.  See,  in  index,  "Attorney,  City  Assistant." 
CITY  COMPTROLLER,  p.  56.     See,  in  index,    "Comptroller." 
CITY,  claims  against  it,  p.  43. 

CITY  CORONER,  p.  73.    See,  in  index,  "Coroner." 
CITY  DEBT,  p.  66.     See    "  Consolidated  City  Debt.  " 
CITY,  NEW  ORLEANS,  p.  162.     See,  in  index,  "  New  Orleans,  " 
CITY  NOTARY,  p.  170.     See,  in  index,  "Notary." 
CITY  OFFICERS,  p.  185.     See,  in  index,    "  Officers." 

for  list  of  officers,  see  p.  389. 
CITY  PHYSICIANS,  p.  198.     See,  in  index,   "Physicians." 
CITY  POUNDS,  p.  207.     See,  in  index,  "Pounds." 
CITY  PROPERTY,  injuring,  etc..  No.  535. 
CITY  RECORDERS,  p.  224.     See,  in  index,    "Recorders." 
CITY  SEAL,  p.  257. 

CITY  SURVEYOR,  p.  297.     See,  in  index,  "Surveyor." 
CITY  TREASURER,  p.  305.     See,  in  index  "Treasurer." 
CLAIMS  AGAINST  THE  CITY,  p .  43. 

city  certificates  to  bear  seven  per  cent,  interest.  No.  158. 

comptroller  to  register  certificates.  No.  159. 

city  officers'  salaries  to  be  paid  in  preference  to  other  claims.  No.  160. 

finance  committees  authorized  to  discount  notes,  etc..  No.  181. 

comptroller  to  examine,  settle  and  audit  claims,  etc..  No.  200. 

consolidated  city  debt,  p.  66. 
CLOTHES  AND  BEDDING,  not  to  hang  in  public  places,  No.  514. 
CLUB  ROOMS,  p.  44. 
COACHES,  p.  311. 
COCK  PITS,  No.  533. 
COFFEE  HOUSES,  etc.,  p.  44. 

first  to  obtain  license,  No.  161. 

to  give  bond  and  security.  No.  162. 

must  place  on  the  door  a  sign,  etc..  No.  163. 

no  license  to  issue  to  colored  persons,  No.  164. 

conditions  of  certain  licenses.  No.  165. 

not  to  transfer  license  without  consent  of  mayor.  No.  166. 

not  to  sell  liquors  to  United  States  soldiers,  etc.,  No,  167. 

not  to  sell  or  give  away  liquor  to  slaves,  Nos.  168,  763,  764. 
^  coffee  houses  open  in  contravention  of  laws.  No.  169. 

hours  to  keep  open  coffee  houses.  No.  170. 

music  in  bar-rooms,  etc.,  No.  171. 

disorderly  houses,  No.  172. 

slaves  in  coffee  houses,  No.  173. 


1 


400  INDEX. 

COFFEE  HOUSES,  etc.,  (Continued.)  • 

on  election  days,  not  to  be  kept  open,  No.  174. 

lewd  women  not  to  be  permitted  to  visit  coffee  houses,  Nos.  403,  1090. 
free  persons  and  slaves  not  to  play  cards  together  in  coffee  houses,  No.  765. 
slaves  not  permitted  in  coffee  houses,  No.  770. 
taxes  and  licenses  on  coffee  houses,  p.  239.     See  "  Revenue." 
municipal  authorities  authorized  to  regulate  sale  of  liquors,  p.  46.    Statute, 
punishment  for  keeping  disorderly  house,  p.  47.     Statute, 
punishment  for  keeping  coffee  house  without  license,  p.  47.     Statute. 
COLORED  PERSONS,  p.  257. 

COMMERCIAL  WATER  WORKS  COMPANY,  p.  324.     :  ,         ' 
COMMERCE— CHAMBER  OF,  p.  366.  .  ^.    e,«>a 

COMMISSARIES,  duty  as  to  fire  plugs.  No.  322.         '        - 
to  keep  scales  and  weights,  No.  429. 
market  carts,  No.  433. 
to  post  ordinances,  No.  439. 
their  salaries,  etc.,  pp.  155,  156. 
COMMISSIONERS,  of  McDonough  estate,  p.  142. 
commissioners,  house  of  refuge,  p.  131." 
commissioners,  board  of  health,  p.  120. 
commissioners,  work  house,  p.  353. 
commissioners,  charity  hospital,  p.  127. 
commissioners,  consolidated  city  debt,  p.  66. 
COMMITTEES,  p.  47. 

finance  committees,  to  withdraw  certain  suits.  No.  177. 
their  clerk.  No.  178. 
to  approve  bills  and  certificates,  No.  179. 
to  approve  applications  for  orders.  No.  180. 
authorized  to  discount  notes;  No.  181. 
to  report  when  notes  are  discounted.  No.  182.  • 
to  record  judgments,  No.  183,  28, 
duty  in  connection  with  comptroller,  No.  198. 
duty  as  to  fiscal  agent,  No.  337. 
duty  as  to  fire  department,  No.  314. 
duty  as  to  approval  of  certificates,  Nos.  158,  159. 
compensation  of  chairmen,  p.  48.     Statute, 
committee  on  fires,  p.  49. 

to  supervise  fire  department.  No.  190; 

with   other  committees  to  compose  board  of  commissioners, 

No.  314. 
for  fire  department,  see  p.  94. 
committee  on  house  of  refuge,  p.  49. 
committee  on  police,  p.  49. 
for  police  department,  see  p.  202. 
committees  on  streets  and  landings,  p.  48. 

to  approve  certificates  for  work  done.  No.  184. 

specifications,  Nos.  185,  236-7. 
to  fix  number  of  carts  and  laborers,  No.  186. 


f 


INDEX. 


401 


COMMITTEES,  {Continued.) 

commmittee  on  streets,  etc.,  p.  281. 

committee  on  work-houses  and  prisons,  p.  48. 

to  appoint  secretary,  and  his  salary,  No.  187. 
for  work-house  and  prisons,  see  p.  353. 

committees  generally,  p.  49. 
COMMON  COUNCIL,  p.  60. 

petitions  and  claims  addressed  to  council,  No.  192. 

petitions  relative  to  paving  and  opening  streets,  No:  193. 

publication  of  proceedings  of  common  council,  p.  192. 

secretary  of  board  of  aldermen,  No.  194. 

assistant  board  of  aldermen.  No.  195.  ' 

committees  of  common  council,  p.  47. 

official  paper  of  common  council,  p.  190. 

ordinances  and  legislative  power  of  council,  p.  196.     Statute. 

aldermen,  etc.,  commissioned  as  justices  of  the  peace,  p.  180, 
Art.   124.     Constitution. 

city  divided  into  districts  and  wards,  p,  51.     Statutes. 

number  of  aldermen  and  assistant  aldermen,  p.  52,  §  2.     Statutes. 

board  of  aldermen  and  assistant  aldermen,  legislative  power,  etc.,  p.  52,  ^  3. 

term  of  office  of  aldermen,  p.  52,  g  3. 

how  elected,  p.  52,  |  8. 

term  of  office  of  assistant  aldermen,  p.  52,  ^  3. 

division  of  aldermen  into  classes,  and  term  of  each,  p.  52,  ^  4. 
assistant  aldermen,  p,  52,  I  5. 

vacancy  in  office  of   aldermen  or  assistant  aldermen,  p.  52,  1 16, 

organization  of  the  boards,  p.  52,  §  18. 

president  to  be  chosen  by  each  board,  p.  52,  §  18, 

duties  and  powers  of  boards,  p.  52,  ^  18.  - 

power  of  expulsion  of  members,  p.  52,  §  18, 

further  duties  and  powers  of  boards,  p.  62,  |  18. 

boards  to  meet  and  act  separately,  p,  63,  §  19. 

powers  of  boards  in  passing  resolutions  and  ordinances),  p.  53,  ^  19. 

members  not  to  hold  certain  offices  or  become  interested  in  contracts, 
p.  53, 1  21. 

powers  vested  in  common  council,  p.  53,  I  23. 

council  not  to  increase  debt  of  city,  p.  53,  ^  1.     p.  54,  g  2. 

warrants  not  to  be  issued  unless  funds  to  pay  the  same,  p.  54,  |  3. 

duty  of  council  as  to  certain  taxes,  etc.,  p.  54,  ^  1. 

equal  and  uniform  taxes  to  be  levied  annually,  p.  54,  §  42. 

rate  of  taxation,  p.  54,  §  42. 

common  council's  duty  as  to  assessment  districts,  p.  54.  §  45. 
*  detailed  estimate  to  be  made  before  taxing,  p.  55,  |  124. 

adoption  of  said  estimate  to  be  an  appropriation,  p.  55,  §  124. 

no  money  to  be  drawn   from  treasury   without  previous    appropriation, 
p.  55,  §  124. 

common  council  to  organize  different  departments  and  offices,  p.  55,  ^  125. 
to  fix  the  compensation  of  officers,  p.  56,  §  126. 
61 


402  INDEX. 

COMMON  COtJNCIL,  {Continued.)  '=>i 

common  council  not  to  increase  salaries  in  certain  cases,  p.  55  ^  127' 
their  power  of  removal,  p.  55,  ^  128. 
their  power  to  require  bond  and  surety,  p.  55,  |  132. 
power  to  fix  fees  of  coroner,  p.  77,  |  1. 
have  not  the  power  to  release  contractors,  etc.,  p.  73,  ^  21.  • 
to  elect  three  members  of  board  of  health,  p.  12G,  §  26. 
to  appoint  committee    and   directors    for  water  works 
company,  p.  326,  §  11,  22. 

decisions  of  supreme  court,  p.  165.  v 

COMPANIES—INSURANCE,  etc.,  pp.  137,  78,  79. 
COMPANY— DRAINING,  p.  86. 
COMPANY— GAS,  p.  324. 

COMPANY— WATER  WORKS,  p.  324.    See  in  index  "  Waterworks  Company." 
COMPTROLLER,  p.  56. 

to  have  a  general  superintendence  of  fiscal  alfairs,  No.  197. 

to  prescribe  the  mode  of  keeping  citj'  books,  etc.,  No.  198.     A        ^ 

his  books  and  accounts,  how  kept,  Nos.  199,  223.  "'  "'*  < 

to  examine,  settle  and  audit  claims,  No.  200. 

he  shall  sign  and  approve  orders,  etc.,  and  issue  licenses,  No,  201, 

his  duty  as  to  tax  receipts,  No.  202.  * 

his  duty  as  to  assistant  city  attorney.  No.  203.  ^h^'''  1 

his  duty  relative  to  warrants  on  the  treasury,  No.  204.   '  %^ 

his  semi-annual  report,  what  to  contain,  etc..  No.  205. 

his  duty  relative  to  sales  of  contracts,  etc.,  No.  206. 

defalcations  and  settlement  of  city  ofiicers.  No.  207. 

his  annual  report  relative  to  contracts.  No.  208. 

orders  for  coal,  stationery,  etc.,  No.  209.  ;  ;    ' 

to  make  reports  in  relation  to  appropriations,  No.  210. 

his  duty  in  relation  to  debls  due  the  city.  No.  211. 

to  state  the  conditions  of  all  contracts  at  time  of  sale,  etc,  No.  212. 

his  duty  in  relation  to  the  treasurer's  department  and  his  reports.  No.  213. 

errors  in  assessments.  No.  214. 

to  examine  treasurer's  list  of  taxable  persons.  No.  215. 

bonds  of  city  officers  to  be  executed  before  him,  No.  216.     Repealed,  see 
No.  73. 

to  sign  bonds  issued  by  commissioners  of  city  consolidated  debt,  No.  217. 

his  deputies.  No.  218. 

shall  be  the  keeper  of  title  deeds,  contracts,  etc..  No.  219. 

he  shall  give  bond.  No.  220. 

specifications.  No.  224. 

reselling  contracts,  Nos.  225,  240.  ' 

to  countersign  treasurer's  checks  and  reports  thereon.  No.  226.     *^' 

redemption  of  city  notes.  No.  227.  ^'    . 

debts  of  late  municipalities,  etc..  No.  228. 

to  collect  rents,  etc.,  due  the  city,  Nos.  229,  230.  i«*^''  -'l 

to  register  certificates  approved  by  finance  committees,  No.  159i  " 

to  obtain  printed  forms  for  city  ofiicers,  Nos.  668,  571. 


INDEX. 


403 


COMPTROLLER,  (Continued.) 

duty  as  to  fiscal  agency,  p.  107. 

his  election,  p.  188,  §  8.     Statute. 

his  duties  and  powers,  p.  64,  g  80.     Statute. 

his  duty  relative  to  violations  of  ordinances,  p.  196,  ^  108."   Statute. 

comptroller  can  discharge  deputies,  etc.,  etc.,  p.  189,  g  125.     Statute. 

comptroller  to  sell  contracts,  etc.,  p.  73,  |  1.     Statute. 
CONCEALED  WEAPONS,  p.  182,  §  109,  p.  184. 
CONSOLIDATED  CITY  DEBT  TAX,  etc.,  p.  66. 

by  whom  to  be  signed.  No.  231. 

commissioners  to  compromise,  liquidate,  etc.,  certain  debts,  No.  232. 

commissioners  to  appoint  collectors.  No.  232. 

collectors'  compensation.  No.  232.  '. 

additional  debt  of  city,  No.  233. 

certain  debt  to  be  assumed  by  New  Orleans,  p.  69,  ^  37.     Statute. 

commissioners  of  consolidated  city  debt,  p.  69,  §  37.     Statute. 

their  powers  in  relation  to  obligations  of  city,  or  bonds,  p.  69,  ^  37. 
Statute. 

creation  of  consolidated  debt  of  New  Orleans,  p.  69,  §  37-     Statute. 

apportionment  of  debts  of  old  corporation,  p.  69,  §  37.     Statute. 

raising  of  a  consolidated  loan  tax,  p.  69,  ^  37.     Statute. 

surplus  of  said  tax,  how  dispobcd  of,  p.  69,  §  37.     Statute. 

restriction  on  New  Orleans  as  to  issuance  of  bonds,  etc.,  p.  70,  §  37. 

debt  of  Lafayette  assumed  by  New  Orleans,  p.  70,  ^  5.     Statute. 
.     payment  of  said  debt,  how  provided  for,  p.  70,  §  5.     Statute. 

equal  and  uniform  tax  to  be  levied  annually,  p.  70,  ^  6.    Statute. 

rate  of  taxation,  p.  70,  §  6.     Statute. 
CONTRACTS  AND  CONTRACTORS,  p.  70,  §  26. 

surety  to  possess  real  estate,  No.  234. 

contracts  not  to  be  sold  until  approval  of  specifications.  No.  235. 

publications  of  specifications.  No.  236. 

purchasers  of  contracts  to  oflFer  good  and  sufficient  security.  No.  237. 

city  notary  to  notify  purchasers  of  approval  of  adjudication,  No.  239 . 

duty  of  purchasers  of  contracts,  and  resale  of  contracts,  No.  240.  > 

surveyor  to  report  to  council  non-fulfillment  of  contracts,  No.  241. 

street  commissioner  to  impose  fines  on  street  contractors,  No.  807. 

claims  for  extra  work  in  contracts.  No.  242. 

the  conditions  in  all  city  contracts.  No.  212. 

street  commis'r  not  to  issue  certificates  to  street  contractors,  etc.,  No.  802; 

officers  not  to  be  interested  in  city  contracts.  No.  556. 

certificates  to  contractors  to  bear  interest.  No.  158. 

tax  on  contractors.  No.  689. 

bond  and  sureties,  p.  24. 

all  public  works  to  be  sold  by  contract  at  auction,  etc.,  p.  73,  ^  1.  Statute. 

right  to  appeal  from  comptroller  to  common  council,  p.  73,  ^  2.     Statute. 

common  council  have  not  the  right  to  release  contractor,  etc.,  p.  73,  ^  3. 
Statute. 

Aldermen  not  to  be  interested  in  contracts  etc.,  p.  73,  g  21.    Statute. 


404 


INDEX. 


CORONER,  p.  73. 

his  fees,  No.  243. 

expert  physician  to  coroner,  p.  198,  No.  584. 

election  of  coroner,  p.  74,  §  1.     Statute. 

his  oath  and  bond,  p.  74,  §  1.     Statute, 

vacancy,  how  filled,  p.  74,  ^  1.     Statute. 

to  be  conservator  of  the  peace,  p.  74  ^  2.     Statute. 

to  act  as  sheriff  in  certain  cases,  p.  74,  |  3.     Statute. 

to  make  inquiries  and  burials  in  certain  cases,  p.  74,  ^  4.     Statute.  ' 

slaves  to  be  buried  at  expense  of  owners,  p.  74,  §  4.     Statute. 

certificates  to  be  made  where  no  inquest,  p.  74,  §  6.     Statute.        -* 

certificate,  where  filed,  p.  75,  g  5.     Statute.  s 

in  what  cases  inquests  held,  p.  75,  |  6.     Statute. 

jury  of  inquest  summoned,  p.  75,  ^  7.     Statute. 

jurors  not  attending  to  be  fined,  p.  75^  |  8.     Statute. 

oath  of  jurors,  p,  75,  ^9.     Statute. 

by-standers  summoned  in  certain  cases,  p.  75,  §  9.     Statute. 

attendance  of  witnesses  may  be  enforced,  p.  75,  ^  10.     Statute. 

physician  may  be  summoned,  p.  75,  g  10.     Statute. 

oath  of  witnesses,  p.  76,  ^  11.     Statute. 

testimony  to  be  reduced  to  writing,  p.  76,  ^  12.    Statute. 

verdict  of  jury,  p.  76,  g  13.    Statute. 

form  thereof,  p.  76,  g  13.     Statute. 

witnesses  shall  be  bound  over  to  appear  at  court,  p.  76,  ^  14.     Statute. 

returns  of  coroner,  p.  76,  ^  14.     Statute. 

certain  witnesses  to  be  committed  to  jail,  p.  76,  g  14.     Statute. 

duty  of  coroner  to  make  arrests,  p.  76,  ^  15.     Statute. 

expenses  of  inquests,  how  paid,  p.  76,  ^  16.     Statute. 

penalty  for  overcharging,  p.  77  g  16.     Statute. 

may  appoint  a  deputy,  p.  77,  ^17.     Statute. 

common  council  have  power  to  fix  coroner's  fees,  p.  77,  ^  18,  21.    Statute. 

mode  of  proceeding  with  persons  found  drowned,  p.  77,  §  19.     Statute. 

justice  of  the  peace  in  certain  cases  to  act,  etc.,  p.  77,  |  20.     Statute. 
CORPORATIONS,  generally,  p.  78. 

for  the  organization  of  corporation  for  works  of  public  improvement  and 
utility,  p.  79.     Statute. 

for  the  organization  of  corporations  for  literary,  scientific,  religious  and 
charitable  purposes,  p.  81.     Statute. 
;:        to  extend  powers  of  railroad  corporations,  p.  83.     Statute. 

act  fixing  domicile  of  corporations,  p.  367. 
COTTON  PRESSES  AND  PICKERIES,  p.  84. 
COUNCIL— COMMON,  p.  50.     See,  in  index,   "Common  Council." 
COURT  HOUSES,  keeper  of,  p.  138. 
CRACKERS,  etc.,  firing  off,  No.  499. 
CRIMES,  MISDEMEANORS  AND  NUISANCES,  p.  172. 

See,  in  index,  "Offenses." 
CRIMINALS  AND  FOREIGN  PAUPERS,  p.  112, 
CURRENCY— BOARD  OF,  pp.  84,  368.     ^  i,- ..  :  :.:  ,.,  ,:  ,.,,  .i^- :.:  ii,. 


INDEX. 

DAIRIES  AND  STABLES,  p.  275. 

DEATHS  AND  BIRTHS,  registry  of,  p.  233. 

DEBT,  CONSOLIDATED  CITY,  p.  66.     See,  in  index,  "Consolidated  City  Debt." 

DEPARTMENT— POLICE,  p.  202.     See,  in  index,  *Tolice  Department." 

DISINTERMENT  of  dead  bodies,  No.  638. 

DISTURBANCES,  No,  505. 

DITCHES,  p.  90. 

DOGS,  No.  521,  and  p.  183,  ^  31,  32. 

DOOR  BELLS,  ringing  of.  No.  496. 

DOOR  PLATES,  defacing,  etc..  No.  496. 

DRAINS,  draining  company,  p.  86. 

DRAYS,  p.  311.     See,  in  index,  "Vehicles." 

DRUMS',  beating  of.  No.  501. 

DRUNKENESS,  No.  505. 

ELECTIONS,  pp.  86,  368,  234. 

for  subscription  to  stock  companies.  No.  247. 

treasurer  to  keep  list  of  persons  paying  taxes,  No.  248. 

expenses  for  refreshments  for  judges,  etc.,  No,  249. 

improper  interference  of  police,  No.  250. 

notices  in  papers  of  elections,  p.  192. 

coffee  houses  not  to  be  kept  open  on  election  days.  No.  175. 

voters  must  vote  in  the  precincts  of  their  residence,  p.  87,  Art.  13. 

the  vote  shall  be  by  ballot,  p.  87,  Art.  98, 

commissioners  liable  in  damages  in  certain  cases,  p.  87, 

duty  of  common  council  to  establish  precincts,  p.  87,  §  12,    Statute,* 

appointment  of  inspectors  and  clerks,  p.  88,  g  13.     Statute. 

returns  of  election,  how  made,  p,  88,  ^  14.     Statute. 

registry  of  voters,  p,  234.     Statute. 

authorized  to  administer  oaths,  p,  238,  §  17. 

appointment  of  register,  p,  234,    ^1. 

his  duty  to  register  name  and  residence  of  voters,  p.  284,  g  1, 

what  names  to  be  registered,   p,  234,'  ^  2, 

form  of  registry,  p,  234,  ^2, 

evidence  of  naturalized  citizens,  p.  235,  §  3, 

duty  of  clerks  to  furnish  certificates,  p.  235,  ^  3. 

affidavit  to  be  made  by  certain  persons,  p.  235,  §  4. 

certificates  to  be  furnished  to  citizens,  p.  235,  g  5. 

duplicate  certificates  to  be  given  in  certain  cases,  p.  235,  ^  6. 

change  of  domicile  to  be  registered,  p.  236,  ^  7. 

re-acquisition  of  residence,  p,  236,  §  8. 

to  enforce  registry  if  register  declines,  p,  236,  §  9, 

office,  when  to  be  kept  open,  p.  236,  |  10. 

register's  books,  p.  236,  ^11. 

copies  to  be  delivered  to  commissioners,  p,  236,  §  12. 

penalty  in  case  of  neglect  of  register,  p.  236,  §  12. 

power  of  governor  to  remove  register,  p.  237,  |  13. 

register,  in  certain  cases,  liable  in  damages,  p.  237,  ^  l4. 

certificate  conclusive  evidence  of  right  to  vote,  p.  237,  §  16. 


406  INDEX. 

ELECTIONS,  ( Continued.) 

register's  bond  and  security  and  oath,  p.  238,  §  16, 

salary,  and  by  whom  paid,  and  his  office,  p.  238,  ^  18,  p.  381. 

his  deputy,  p.  238,  |  19. 

all  persons  registered,  etc.,  to  vote  and  their  oath,  p.  238,  §  20. 

persons  unregistered  not  to  vote,  p.  239,  ^  21. 

repeal  of  certain  registry  law,  p.  239,  ^  22. 

an  act  relative  to  elections  in  parish  of  Orleans,  p.  368. 

election  precincts,  p.  368,  §  1. 

places  for  holding  polls,  p.  369,  §  2. 

how  the  polls  shall  be  known,  p.  369,  |  3. 

polls  of  seventh  precinct,  p.  369,  |  4. 

register  to  sub-divide  lists,  p.  369,  ^  5. 

board  of  commissioners,  their  duties,  etc.,  p.  369,  ^  6. 

to  appoint  commissioners  of  election,  p.  369,  §  6. 

president  and  secretary  of  board  of  commissioners,  p.  369,  §  7. 

commissioners  of  election,  p.  370,  §  8. 

salary  of  members  of  the  board,  p.  370,  §  9. 

board  to  designate  places  for  polls,  p.  370,  §  10. 

places  for  holding  polls  to  be  published,  p.  370,  §  11. 

commissioners  failing  to  attend — their  substitutes,  p.  370,  §  12. 

oaths  of  commissioner,  p.  370,  §  13. 

polls  not  to  be  held  in  coffee  houses,  p.  371,  ^  14. 

hours  of  opening  and  closing  polls,  p.  371,  §  15. 
*  superintendent  of  elections,  p.  371,  g  16. 

threatening  voters,  p.  371,  ^17. 

preventing  persons  from  voting,  p.  371,  ^  17. 

ballots  and  ballot  boxes,  p.  371,  ^  17. 

superintendent's  office  and  deputies,  p.  371,  ?  18. 

duty  of  superintendent,  p.  371,  |  19. 

to  employ  any  number  of  deputies,  p.  372,  ^  20. 

deputies — their  oaths,  p.  372,  \  21. 

deputies  to  be  commissioned,  p.  372,  §  22. 

to  appoint  extraordinary  deputies  p.  372,  §  23. 

penalty  for  refusing  to  serve,  p.  372,  g  23. 

disturbing  commissioners  and  voters — penalty,  p.  372,  §  24. 

resisting  superintendent  and  deputies,  p.  373,  §  25. 

arrests  on  election  days,  p.  373,  §  26. 

salary  of  deputies,  p.  373,  §  28. 

register  of  deputies,  p.  373,  §  29. 

New  Orleans  to  pay  half  expenses,  p.  374,  I  30. 

superintendent  authorized  to  close  coffee  houses,  p.  374,  §  31. 

office  expenses  of  board,  by  whom  paid,  p.  374,  ^  32. 

when  this  act  to  go  into  effect,  p.  374,  §  83. 

law  relative  to  betting  on  elections  repealed,  p.  381. 
EVENING  GUN,  p.  89. 

hour  for  slaves  to  return  to  their  homes.  No.  766. 
EXHIBITIONS— PUBLIC,  p.  15.     See,  in  index,  "Balls,  etc." 


( 


INDEX.  407  '^ 


FACTORIES,  TANNERIES,  SLAUGHTER  HOUSES,  p.  89. 
permission  of  council  to  be  obtained.  No.  252. 
animals,  how  to  be  slaughtered.  No.  254. 
no  blood,  etc.,  to  be  left  in  street,  lot,  etc..  No.  255. 
offensive  odors  from  slaughter  houses,  No.  256. 
owners  of  the  houses  made  responsible,  No.  257. 

duty  of  police  relative  to  slaughter  houses,  No.  258.  , 

FENCES,  WALLS  AND  DITCHES,  p.  90. 
FERRIES,  p.  91. 
FIRE,  to  prevent  and  extinguish,  etc.,  p.  92. 

chimney,  stoves,  construction  of  buildings,  Nos.  263,  292. 

burning  shavings  and  other  combustible  matter  in  streets,  etc.,  Ncf.  264. 

fires  on  vessels.  No.  111. 

lights  in  stables  and  in  places  where  hay,  etc.,  is  kept.  No.  266. 

fires  in  markets.  No.  448. 

boiling  pitch,  tar,  etc.,  Nos.  266,  111. 

firing  pistols,  guns,  crackers,  etc..  No.  267. 

houses  to  be  provided  with  ladders.  No.  268. 

making  false  alarm  of  fire.  No.  269. 

demolition  of  buildings  to  stay  progress  of  fire,  No*  270. 

chimneys,  stoves,  etc.,  p.  41.  .  » 

limits  within  which  wooden  buildings  are  excluded,  p.  30.  /  ^'Ir 

FIRE  DEPARTMENT,  p.  94. 

of  what  it  shall  consist.  No.  272. 

what  every  company  must  be  provided  with,  No.  278. 

hook  and  ladder  companies.  No.  274. 

steam  engine.  No.  275. 

hose  company  of  steam  engine.  No.  276. 

police  powers  of  the  ofl&cers.  No.  277. 

certificate  for  each  officer.  No.  278. 

duty  of  captains.  No.  279. 

duty  of  lieutenants.  No.  28(^. 

duty  of  chief  and  assistants.  No.  281. 

duty  of  chief  engineer.  No.  282. 

members  of  companies.  No.  283. 
0  duty  of  officers  of  companies.  No.  284. 

duty  of  captains  or  foremen,  285. 

duty  of  officers  of  hook  and  ladder  companies.  No.  286. 

duty  of  officers  of  steam  engine  hose  company.  No.  287. 

duty  of  officers  of  steam  engine  company.  No.  288. 

engineer  of  steam  engine  company.  No.  289. 

members'  uniforms,  etc..  No.  290. 

powers  of  companies,  No.  291. 

power  of  officers  to  examine  construction  of  buildings,  Nos.  292,  263. 

location  of  companies.  No.  293. 

Jocation  of  steam  engine,  bell  ringers,  etc.,  No.  294. 

officers,  their  appointment.  No.  295. 

removal  from  office,  296. 


I 


#d8  INDEX, 


I 


FIRE  DEPARTMENT,  (Continued.)  •    •  ■        'vfOtDi.'! 

oath  of  officers,  No.  297.  :  ,• 

bond  of  chief  engineer,  No.  298. 
bonds  of  assistant  engineers.  No.  299. 

limitation  of  number  of  companies,  No.  300,  ,ri< 

department  supported  by  contract,  No.  301.  r  j 

sale  of  contract,  No.  302. 

appointments  and  removals  of  officers.  No.  803. 
obligations  of  purchaser  of  contract,  No.  304. 
obligations  of  contractor,  No.  305. 
obligations  of  contractor,  No.  306. 
duty  of  contractor,  No.  307-8. 
police  powers  of  contractor,  No.  309. 

inventory  of  engines,  etc.,  No.  310.  >  i 

contractor  to  keep  engines  in  good  order,  No.  311. 
death  of  contractor,  No.  312. 

power  and  duty  of  committees  of  council  on  fires.  No.  313. 
board  of  fire  commissioners — their  power,  etc..  No.  314. 
contractor  to  be  paid  monthly.  No.  315. 
sale  of  contract  to  be  approved  by  council,  No.  316. 
^^  repealing  clause,  No.  317. 

'^  delivery  of  engines,  etc.,  No.  318: 

duty  of  police  during  fire,  Nos.  319,  820. 

engines  not  to  be  run  on  sidewalks.  No.  321. 

duty  of  commissaries  as  to  fire  plugs.  No.  322. 

police  to  arrest  persons  opening  fire  plugs,  No.  323. 

board  of  commissioners.  No.  324. 

board  of  commissioners,  their  clerk,  No.  325. 

depot  for  fire  apparatus,  No.  326. 

fire  bells.  No.  327. 

incorporation  of  fire  companies,  p.  106,  §  1.     Statute. 
.  firemen  exempt  from  jury  duty,  p.  lOG,  ^  1.     Statute. 
FIRE,  false  alarm  of.  No.  528. 
FIRE  LIMITS,  p.  30.     See,  in  index,  "Buildings." 
FIRES,  committee  on,  p.  49. 
FISCAL  AGENCY,  p.  107. 

common  council  to  elect  a  fiscal  agent,  No.  828. 

the  dpject  and  purpose  of  electing  such  agent,  No.  329. 

agent  to  pay  interest  coupons,  bonds,  etc.,  No.  330. 

to  make  monthly  reports.  No.  331. 

duty  of  treasurer.  No.  332. 

comptroller,  No.  333. 

term  of  office,  No.  334. 

contract  in  writing  between  city  and  said  agent,  No.  335. 

the  bank  selected  to  notify  mayor  of  acceptance,  No.  336. 

chairman  of  finance  committee  to  make  the  contract,  No.  337. 

common  council  to  elect  fiscal  agent,  p.  109,  ^  118.     Statute. 


INDEX. 


409 


FISCAL  AGENCY,  {Continued,) 

duties  of  said  fiscal  agent,  p.  109,  §  118.     Statute. 

fiscal  agent  in  certain  cases  to  pay  bonds,  p.  109,  §  118.     Statute. 

proviso,  p.  109,  g  118.     Statute.  y  .  ' 

duties  of  fiscal  agent,  p.  109,  §  118.     Statute. 
FLATBOATS  AND  FLATBOAT  BASIN,  p.  110. 

unlawful  to  shell  corn  in  basin.  No.  338. 

removal  of  goods,  in  flatboats,  for  purposes  of  sale,  No.  339. 

discharging  cargo.  No.  340. 

location  of  boats,  No.  341.      ,  ¥  i 

duty  of  wharfingers.  No.  342. 

wharfage  dues,  1001.  ■^'' 

breaking  up  of  flatboats,  Nos.  1011,  1015. 

flatboat,  etc.,  landing,  Nos.  1013,  1016. 
FLOUR,  INSPECTION  OF,  p.  111.  . 

the  inspectors  appointed  by  governor,  etc.,  p.  Ill,  §  1.  W^ 

their  fees,  p.  Ill,  §  2.  -         .  r 

duties  of  the  inspectors,  p.  Ill,  ^  3. 

flour  how  inspected,  p.  112,  g  4. 

penalty  against  owner  in  case  of  mixture,  p.  112,  ^  5. 

penalty  for  altering  the  brand  of  inspectors,  p.  112,  ^  6. 
FOREIGN  PAUPERS  AND  CRIMINALS,  p.  112. 
FORGES,  FOUNDRIES  AND  STEAM  ENGINES,  p.  113. 
FORGES,  chimneys  of,  No.  154. 

FREE  PERSONS  OF  COLOR  AND  SLAVES,  p.  257.     See,  in  index,    "Slaves." 
GAMBLING,  p.  183. 
GAS  COMPANY,  p.  324. 
GAS  LIGHTS,  p.  139. 
GIGS,  p.  311.    See,  in  index,  "Vehicles." 
GOATS,  stray,  p.  207,  No.  589. 

GOODS,  not  to  obstruct  pavements,  etc.,  etc.,  Nos^  509,  594,  962. 
GRAVE  YARDS,  p.  35. 

GROCERIES,  not  to  be  sold  in  streets,  No.  515. 
GROG  SHOPS,  p.  44.     See,  in  index,  "Coffee  Houses." 
GUN,  EVENING,  pp.  89,  499. 
GUNPOWDER  AND  POWDER  MAGAZINE,  p.  114. 

license  to  sell  gunpowder,  No.  347. 

"Wholesale  vendors,  No.  348. 

dealers  in  powder  must  have  certain  sign.  No.  349. 

vessels,  steamboats,  etc.,  carrying  powder.  No.  350, 
no  person  allowed  to  pack  powder,  etc.,  No.  351. 
vehicles  for  conveying  powder,  No.  352. 
publication  of  laws  relative  to  gunpowder.  No.  353. 
keeper  of  powder  magazine  annually  elected,  No.  354. 
hours  for  keeping  open  the  magazine.  No.  355. 
regulations  of  the  magazine,  No,  356. 
delivery  of  powder,  No.  357. 
52 


t 

# 


tlirbEi. 


aUNPOWDEE,  AND  POWDER  MAGAZINE,  {Continued.) 

charges,  No.  358. 

certain  companies  exempted  from  charges,  No.  359. 

penalties,  No.  360. 

city  council  authorized  to  punish  contraventions,  etc.,  p.  116,  g  7.  Statute. 

council  authorized  to  charge  for  keeping  powder,  p.  117,  ^  1.     Statute, 
build  powder  magazine,  p.  117,  ^  2,  3.     Statute. 
HACKS,  p,  311,     See,  in  index,  "Vehicles." 
HANGINa  SIGNS,  p.  11. 
HARBOR  MASTERS,  p.  118. 

their  duties  and  powers,  Nos.  362,  363. 

harbor  master  of  new  canal,  his  duties,  p.  32. 

five  harbor  masters  to  be  appointed  for  New  Orleans,  p.  119,  §  2.     Statute. 

term  of  office,  p.  119,  ^  2.     Statute. 

powers  of  removal  by  governor,  p.  119,  ^  2.     Statute. 

to  give  bond  and  security,  p,  119,  §  3.     Statute. 

duties  and  powers  of  harbor  masters,  p.  119,  ^  4.     Statute. 

penalty  for  opposing  them  in  their  duties,  p.  119,  §  4.    Statute. 

persons  aggrieved  may  appeal  to  board  of  harbor  masters,  No.  119,  ^  4. 

their  compensation,  p.  119,  §  5,    Statute. 

duty  to  enforce  laws  relative  to  nuisances  on  levee,  p.  120,  §  6.    Statute. 

their  office,  where  to  be  kept,  p.  120,  §  7.     Statute. 

to  demand  from  captains  permits  of  resident  physicians,  etc.,  p.  125,  §  17. 
HEALTH— BOARD  OF,  AND  QUARANTINE,  p.  120. 

street  commissioner  and  police,  to  execute  orders  of,  etc.,  No.  364. 

quarantine  established,  p.  120,  §  1.     Statute. 

board  of  health  to  locate  quarantine  ground,  p.  120,  §  1. 

board  of  health,, how  composed  and  chosen,  p.  121,  §  2. 

term  of  office  and  oath,  p.  121,  |  2. 

meetiugs  of  the  board  of  health,  p.  121,  ^3. 

time  of  meeting  and  organizing,  p.  121,  g  4. 

duties  of  the  president,  p.  121,  ^4. 

his  removal  and  salary,  p.  121,  ^  4. 

what  shall  constitute  a  quorum,  p.  121,  g  5. 

assistant  physician,  and  his  salary,  p.  121,  g  6. 

powers  and  duties  of  board  of  health,  p.  121,  §  6. 

secretary  and  treasurer,  p.  122,  g  6. 

to  remove  substances  detrimental  to  health,  p.  122,  §  6. 

their  power  to  enforce  sanitary  ordinances,  p.  122,  ^  6. 

appointment,  duty  and  salary  of  marshall,  p.  122,  ^  6. 

quarantine  stations,  etc.,  p.  122,  ^  7. 

appointment,  salary  and  duty  of  physician,  p.  123,  ^  8, 

his  power  to  detain  certain  vessels,  p.  123,  ^  9. 

his  power  over  officers  and  vessels,  p.  123,  ^9. 

vessels  found  in  a  foul  condition,  p.  123,  §  9. 

duties  of  physician,  p.  123,  ^  10. 

treasurer  for  the  quarantine  ground,  p.  124,  §  11. 

duties  of  secretary  of  board  of  health,  p.  124,  §  12. 


INDEX.  411 

HEALTH— BOARD  OP,  AND  QUARANTINE,  (Continued.) 

proclamation,  in  certain  cases,  by  the  governor,  p.  124,  ^  13. 

effects  thereof,  p.  124,  §  13. 

penalty  for  violating  quarantine  regulations,  p.  124,  §  14. 

duty  of  captains  of  tovr  boats,  p.  125,  ^  14. 

penalty  for  violating  the  provisions  of  this  act,  p.  125,  §  15. 

report  to  be  made  of  all  violations,  p.  125,  g  16. 

prosecution  for  violations,  p.  125,  |  16.  .^^j 

duty  of  harbor  masters,  p.  125,  §  17.  i 

tow  boats  liable  to  inspection  and  quarantine,  p.  125,  §  18. 

penalties  imposed  on  captains  for  certain  offeuses,  p.  125,  g  19. 

jurisdiction  of  courts,  p.  125,  ^  19. 

extracts  of  this  act  to  be  published,  etc.,  p.  125,  §  20. 

duty  of  pilots  to  deliver  copies,  etc.,  and  penalty,  p.  126,  §  21. 

going  on  vessels  performing  quarantine,  p.  126,  §  22. 

limits  of  quarantine  station,  p.  126,  §  23. 

appropriation  by  the  State,  and  how  paid,  p.  126,  §  24. 

buildings  at  the  stations,  p.  126,  ^  25. 

common  council  to  elect  three  members  of  the  board,  p.  126,  ^  26. 

incorporation  of  board  of  health,  p.  126,  §  27.  • 

HOGS,  not  to  be  kept  in  certain  parts  of  city,  No,  520. 

running  at  large,  p.  109,  No.  691. 
HORNS,  blowing  of.  No,  501. 
HORSES,  cruelty  to,  p.  183,  §  31,  32. 

hitching  them  near,  or  on  sidewalks,  No.  512. 

riding  them  in  certain  squares  or  streets,  No.  611. 

stray,  p.  207,  No.  589. 

washing  them  on  pavements.  No.  513. 

for  loading  vessels.  No.  1032. 
HOSPITALS,  p.  127. 

tax  on  every  private  hospital.  No.  670. 

charity  hospital,  eight  administrators  appointed,  etc.,  p.  127,  ^  1.  Statute. 

the  governor  to  be  president,  the  vice-president,  etc.,  p.  127,  §  1. 

the  meetings  of  the  board  of  administrators,  p.  127,  |  1. 

the  powers  of  the  board,  p.  127,  §  2. 

powers  and  duties  of  the  board,  p.  127,  ^  3. 

treasurer,  his  bond,  p.  128,  §  4. 

duties  of  treasurer,  p.  128,  §  6. 

board  to  declare  seats  vacant,  p.  128,  §  6. 

their  annual  report,  p.  128,  §  7. 

register  to  be  kept  by  clerk,  p.  128,  §  8. 

board  to  annex  register  to  their  annual  report,  p.  128,  J  8. 

money,  how  appropriated,  p.  128,  §  9. 

exhibitions,  balls,  etc.,  taxed^for  hospital,  p.  128,  g  10. 

report  to  be  made  by  captains,  etc.,  p.  128,  |  11. 

certain  persons  to  give  bonds,  p.  129,  ^  12. 

penalty  for  not  giving  bonds,  p.  129,  §  12. 

eommutation  for  said  bonds,  p.  129,  ^13.       ,   , .  .  ^,  , 


jM' 


412  INDEX. 

HOSPITALS,  {Continued.) 

commutation,  to  whom  made,  p.  129,  g  14. 

effect  of  the  said  bopds,  p.  129,  §  15. 

hospital  commissioners,  their  duty,  appointment,  etc,  p.  129,  ^16. 

bonds,  fines  and  forfeitures  to  be  paid  to  hospital,  p.  130,  §  17. 

penalties,  etc.,  p.  130,  g  18. 

persons  opposing  harbor  masters  pay  penalty  for  hospital,  p.  119,  ^  4. 

certain  fines  to  be  paid  charity  hospital,  p.  188,  §  96,  p.  202,  |  17. 

decisions  of  supreme  court,  p.  130. 
HOTELS,  BOARDING  HOUSES,  etc.,  pp.  131,  374. 
HOUSE  OF  REFUGE,  p.  131. 

council  to  elect  a  board  of  commissioners.  No.  365. 

president  of  the  board,  No.  366. 

powers  and  duty  of  the  board,  No.  367. 

to  make  quarterly  reports.  No.  368. 

duty  of  committees  of  house  of  refuge.  No.  369. 

board  to  appoint  ofiicers  and  servants,  No.  370. 

commissioners  failing  to  attend  meetings,  No.  373. 

secretary  of  the  board,  No.  374. 
•         the  house  of  refuge,  p.  375. 

city  attorney  to  attend  to  writs  of  habeas  corpus.  No.'  376.  . 

girl's  house  of  refuge.  No.  377. 

appropriation  for  holidays,  No.  378. 

punishment  of  minors,  No.  548. 

who  considered  juvenile  vagrants.  No.  1080. 

punishment  of  parents  of  juvenile  vagrants,  No.  1081. 

duty  of  police,  etc.,  No.  1082. 

duty  of  city  attorney,  No.  1083. 

committees  on  house  of  refuge,  p.  49. 

juvenile  vagrants,  bow  treated,  p.  134,  ^  122.     Statute. 

criminals  under  fifteen  years  old,  sent  to  house  of  refuge,  p.  134,  §  31. 
HOUSES,  BUILDINGS,  etc.,  p.  27.     See,  in  index,  "  Buildings." 
HOUSES— SLAUGHTER,  p.  89.     See,  in  index,  '« Factories." 
IDIOTS,  asylum,  etc.,  p.  134. 
INDECENT  LANGUAGE,  etc..  No.  502. 
INSANE  PERSONS,  asylum  for,  etc.,  p.  134. 

temporary  city  asylum.  No.  379., 

its  officers,  No.  380. 

duty  of  superintendent,  No.  381. 

its  location.  No.  383. 

charge  for  slaves.  No.  384. 

charge  for  white  patients,  No.  885. 

city  attorney  to  take  steps  for  their  admission  in  Jackson  asylum,  No.  386. 

city  physician  to  visit  them  daily.  No.  387. 

duty  of  keeper  to  notify  sheriff,  etc.,  No.  388. 

lunatics,  how  admitted  to  Jackson  asylum,  p.  136,  g  9.     Statute, 

duty  of  district  judges  and  sheriffs,  p.  136,  §  9. 

compensation  to  sheriffs,  p.  136,  §  9. 


INDEX.  413 

INSANE  PERSONS,  {Continued.) 

power  of  the  board  to  receive  lunatics,  p.  136,  g  10. 

monthly  accounts  paid  by  lunatics,  p.  136,  ^  11. 
indigent  persons  exempted  from  charges,  p.  136,  ^  11. 

duty  of  clerks  of  district  courts,  p.  136,  ^  12. 
INSPECTION  OF  BEEF  AND  PORK,  p.  20.     See,  in  index,  "Beef,"  etc. 
INSPECTION  OF  FLOUR,  p.  111.     See,  in  index,  "Flour." 
INSPECTION  OF  TOBACCO,  p.  300.     See,  in  index,  "Tobacco." 
INSPECTION  OF  WEIGHTS  AND  MEASURES,  p.  351. 

See,  in  index,  "Weights,"  etc. 
INSPECTIONS,  generally,  p.  137. 
INSURANCE,  insurance  companies,  pp.  137,  78,  79. 

INTERMENTS  AND  CEMETERIES,  p.  35.     See,  in  index,  "Cemeteries." 
INTOXICATION,  No.  505. 
JACKSON  (La.)  INSANE  ASYLUM,  p.  136. 
JACKSON  (Miss.)  AND  NEW  ORLEANS  RAILROAD,  p.  218. 
JAILS,  p.  357.  • 

JURORS  AND  JURY,  p.  138. 

JUSTICES  OF  THE  PEACE,  j).  224,  See  "Recorders." 
JUVENILE  VAGRANTS,  p.  182,  ^  122,  and  p.     see  "House  of  Refuge. 
KEEPER  OF  COURT  HOUSES,  p.  138. 

council  annually  to  elect  keeper,  No.  390. 

his  duties,  Nos.  391,  392,  393. 

his  responsibility,  No.  394. 

to  reside  and  sleep  in  court  house,  No.  395. 

his  compensation,  No.  396. 

his  bond,  No.  397. 

council  may  demand  additional  security,  No.  398. 

additional  duties,  No.  400. 
KEEPERS  OF  POUNDS,  p.  207. 
LAMPS,  LIGHTS,  GAS,  etc.,  p.  139. 
LEVEES,  p.  281.     See,  "Streets." 
LEVEES,  p.  332.     See  "Wharves." 

cutting  levees — penalty,  p.  182,  ^  109. 
LEWD  WOMEN,  pp.  141,  376. 

to  live  within  certain  portions  of  the  city,  Nos.  1084,  1102. 

duty  of  police  and  recorders.  No.  1085. 

to  pay  tax  and  obtain  license,  No.  1086. 

their  annual  tax,  Nos.  1087,  1100. 

mayor's  duty  as  to  licenses,  1088. 

disturbing  the  peace — penalty,  Nos.  1089,  403, 

not  to  visit  cabarets,  etc.,  Nos.  1090,  404. 

white  women  and  free  colored  women  not  to  live  together,  No.  1091. 

hiring  rooms  and  houses.  No.   1092. 

mayor,  in  certain  cases  to  order  their  removal,  No.  1093. 

police  powers,  etc..  No.  1094. 

forbidden  to  do  certain  things.  No.  1095. 

penalty  for  opposing  police,  1096. 


414  INDEX. 

LEWD  WOMEN,  {Continued.) 

police  to  enforce  ordinances  and  make  arrests,  Nos.  1097,  405. 

when  this  ordinance  shall  go  into  effect,  Nos.  1098,'1101. 

keeping  disorderly  houses,  p.  47,  ^.  92.     Statute. 
LICENSES,  TAXES,  etc.,  p.  239.     See,  in  index,  "Revenue." 
LIGHTS,  p.  139. 
LIME— QUICKLIME,  p.  217. 
LIVERY  STABLES,  p.  275. 
LOTS— FENCING,  p.  90. 

filling,  No.  629. 

Mcdonough  estate,  p.  142. 

powers  of  commissioners,  No.  406. 

suits,  how  to  be  conducted.  No.  407. 

compensation  of  commissioners;  No.  408.  . 

estate,  how  to  be  devoted,  No.  409. 

disposition  of  real  estate.  No.  410. 

partition  of  the  estate,  No.  412. 

sale  of  the  property  of  the  estate.  No.  413. 

proceeds,  how  invested,  No.  414. 

disposition  of  the  slaves,  No.  415. 

taxes  on  the  estate,  No.  747. 

commissioners  authorized  to  effect  a  partition,  p.  145,  ^  1.     Statute. 
MAGAZINE— POWDER,  p.  114.    See,  in  index,  "Gunpowder." 
MARKETS,  p.  146. 

sale  of  revenues  of  markets.  No.  418. 

term  of  said  sales,  No.  419. 

what  dues  to  be  collected.  No.  420. 

what  may  be  sold  in  markets.  No.  421. 

vendors  must  have  signs  with  name,  etc.,  No.  422. 

market  hours,  No.  423. 

cleaning  stalls,  sub-leasing  stalls,  etc.,  424. 

the  lessee  must  keep  register,  etc.,  425. 

unlawful  to  keep  stands  on  banquettes  at  markets,  426. 

sale, of  spoiled  articles,  etc.,  Nos.  427,  457,  536. 

meats  to  be  sold  in  markets  only.  No.  428. 

commissaries  to  keep  scales  and  weights,  etc..  No.  429. 

sale  of  liquors  forbidden.  No.  430. 

hawkers  and  peddlers  not  to  sell  in  markets,  etc..  No.  431. 

certain  articles  to  be  sold  exclusively  in  markets,  Nos.  432,  516. 

vehicles  under  charge  of  commissaries.  No.  433. 

unlawful  to  stand  or  sit  on  stalls.  No.  434. 

duty  of  commissaries.  No.  435. 

obligations  of  lessees.  No.  436. 

fees  payable  to  lessees.  No.  437. 

fines,  recoverable  before  what  court.  No.  438. 

commissaries  to  post  market  ordinances.  No.  439. 

salt  meats,  how  sold,  No.  440. 

vegetables  not  to  be  washed  in  markets,  No.  441. 


f 


INDEX. 


ili 


MARKETS,  (Continued.) 

dues  payable  daily,  No.  442. 
grocery  stands  not  allowed,  No.  443.  <. 

groceries  not  to  be  sold  in  streets,  etc.,  No.  444. 
lessee's  dues,  No.  445 . 
oysters  not  to  be  sold  in  markets,  No.  446. 
obstructions,  Nos.  447,  453. 
fires  not  allowed  in  markets,  No.  448. 
violations  of  orders  of  commissaries,  No.  449. 
vegetable  market,  second  district,  Nos.  450-1. 
obstructions,  cooking  in  markets,  etc. ,  and  penalty,  Nos.  453-4. 
lessees  to  provide  for  cleaning  and  white  washing  markets.  No.  455. 
street  commissioner  to  require  cleaning  of  markets,  No.  456. 
spoiled  and  impure  meats,  fish,  etc.,  Nos.  457,  427,  536. 
tubs  for  daily  refuse,  Nos.  458,  461. 
offal,  etc.,  to  be  thrown  in  tubs.  No.  459. 

throwing  meat,  fish,  vegetables,  etc.,  into  streets,  etc.,  penalty,  No.  460. 
vegetable  market,  first  district,  No.  462. 
Dryades  street  market,  No.  463. 

chains  across  streets,  around  Poydras  market,  Nos.  464,  465. 
second  district  market,  No.  466. 
salaries  of  commissaries,  p.  155. 
suspension  of  commissaries,  No.  478. 
commissary  of  St.  Mary's  market,  No.  479. 
^/  commissary  of  Vegetable  market,  second  district,  No.  480. 

commissary  of  Washington  market,  No,  481. 
appointment  of  commissaries.  No.  482. 

commissaries  subject  to  instructions  of  chief  of  police.  No.  483. 

commissaries,  their  duty  as  to  fire  plugs.  No.  484. 
w   commissaries,  their  duty  to  examine  bread,  etc.,  No.  41. 

decisions  of  Supreme  court,  p.  157. 
MASTERS  AND  WARDENS,  of  the  port  of  New  Orleans,  p.  157. 

their  appointment  and  term  of  office,  p.  157,  §  1.     Statute. 

their  office  and  books,  p.  157,  ^  2. 

duties  of  masters  and  wardens  and  their  fees,  p.  157,  ^  3. 

not  to  be  interested  in  any  pilot  boat  or  with  pilots,  p.  158,  ^  4. 

fees  in  certain  cases,  p.  158,  ^  5. 

additional  fees,  p.  158,  ^  6. 

deputies  and  their  oaths,  p.  158,  ^  7. 

to  make  rules  for  government  of  pilots,  p.  201,  |  13. 

in  certain  cases  to  sue  for  fines  and  forfeitures,  p.  202,  ^17. 

decisions  of  Supreme  court,  p.  158. 
MAYOR  OF  NEW  ORLEANS,  p.  159. 

his  salary,  per  annum,  No.  485. 

in  certain  cases  to  send  ordinances,  No.  486. 

his  seal  for  the  city,  No.  487. 

salaries  forliis  clerks,  No.  748. 

bonds  of  all  officers  to  be  executed  before  the  mayor,  No.  73. 


I 


6  INDEX. 

MAYOR  OF  NEW  ORLEANS,  {Continued.) 

his  duty  concerning  dangerous  buildings,  No.  89. 

safety  of  public  buildings,  Nos.  90,  61. 

his  power  to  affix  numbers  to  houses,  No.  93. 

authorized  to  order  the  opening  of  tombs,  No.  126. 

duty  to  close  disorderly  houses,  Nos.  172,  63. 

his  duty  relative  to  construction  of  houses,  No.  263. 

in  cases  of  fire,  power  to  order  houses  pulled  down,  etc.,  Nos.  270,  281. 

to  raise  mortgages  in  certain  cases.  No.  490. 

his  duty  in  reference  to  lewd  women,  Nos.  403,  404,  1088,  1093. 

his  notices  to  discontinue  nuisances  and  offenses.  No.  549. 

ex-officio,  chief  of  police,  pp.  203,  568. 

to  publish  ordinances  relative  to  gunpowder.  No.  353.  - 

to  keep  list  of  owners  of  vehicles,  etc.,  etc.,  No.  893. 

in  certain  cases  to  close  balls,  etc.,  No.  47. 

in  certain  cases  to  close  balls,  theatres,  and  other  public  places.  No.  63. 

to  grant  licenses  for  public  balls.  No.  46. 

to  grant  licenses  for  theatres,  and  all  public  exhibitions.  No.  55. 

to  take  steps  to  prevent  accidents  at  public  places.  No.  61. 

license  for  cock-pits,  etc.,  No.  533. 

to  prevent  the  landing  of  spoiled  provisions,  etc.,  No.  540. 

his  duty  as  to  bakeries  and  bread,  p.  13.  '  **Mt-. 

his  duty  as  to  elections,  p.  88,  |  13.     Statute. 

qualifications  of  mayor,  p.  160,  ^  26. 

duties  of  the  mayor,  p.  160,  ^  26. 

salary  of  the  mayor,  p.  160,  26. 

fees,  how  disposed  of,  p.  160,  I  26. 

veto  power  of  the  mayor,  p.  161,  §  27. 

power  of  common  council  to  ps^s  ordinances  vetoed  by  mayor,  p.  161,  §  27. 

qualification  of  voters  for  mayor,  p.  161,  ^  10. 

vacancy  in  office  of  mayor,  p.  161,  §  15. 

mayor  commissioned  as  justice  of  the  peace  p.  180,  Art.  124.    Constitution. 

decisions  Supreme  court,  p.  161. 
MEASURES  AND  WEIGHTS— INSPECTION  OF,  p.  351. 

See,  in  index,  "Weights  and  Measures." 
MERCHANDISE,  not  to  obstruct  streets,  wharves,  etc.,  Nos.  509,  594,  962. 
MISDEMEANORS,  p.  172.     See,  in  index,  "Offenses." 
MORTGAGES,  recorder  of,  and  registry,  pp.  230,  232. 
MULES,  stray,  p.  207,  No.  589. 
NEGROES,  p.  257.     See,  in  index,  "Slaves." 
NEGRO  TRADERS,  p.  274.    See,  in  index,  "Slave  Marts." 
NEW  CANAL,  p.  32. 
NEW  ORLEANS,  p.  162. 

history  of,  p.  vii. 

seal  of  the  city.  No.  488. 

urban  portion  of  city.  No.  489. 

ground  rents  due  the  city,  No.  490.  » 

city  property  unknown,  its  discovery,  etc.;  Nos.  491,  492. 


INDEX.  41T 

NEW  ORLEANS,  (Continued.) 

repeal  of  old  ordinances,  p.  196,  No.  580. 

powers  of  common  council  and  city  precincts,  p.  50.    Statute. 

consolidated  city  debt  and  loan,  p.  66. 

assessment  districts,  p.  22. 

right  of  the  city  to  appoint  its  officers,  p.  163,  Art.  124.     Constitution. 

its  representation  in  State  senate,  p.  163,  Art.  16.     Constitution. 

what  embraced  in  the  city  of  New  Orleans,  p.  ir)3,  §  1.    Statute. 

powers  of  the  corporation,  p.  164,  §  1.     Statute. 

laws  extended  all  over  the  city,  p.  164.     Statute. 

its  debts  not  to  be  increased,  etc.,  p.  164,  §  1,  2.     Statute. 

the  city  liable  for  damage  done  by  mobs,  etc.,  p.  164.     Statute. 

city  authorized  to  require  bonds  from  officers,  etc.,  p.  165.     Statute. 

decisions  of  Supreme  court  relative  to  its  powers,  duties,  etc,  p.  105. 
NEW  ORLEANS  GAS  COMPANY,  p.  824. 
NEWSPAPERS,  p.  190.    See,  index,  "Official  Paper/' 
NOTARY— CITY,  AND  NOTARIES  PUBLIC,  pp.  170,  380. 

election  of  city  notary,  his  compensation,  etc.,  No.  493. 

his  duty  relative  to  contractors,  etc.,  No.  494. 

notaries  public  to  have  conveyances  recorded,  p,  170,  ^  1.     Statute. 

appointments  on  recommendation  of  Supreme  court,  p.  171,  ^  2. 

their  bonds,  p.  171,  ^  2. 

certificate  of  register  of  conveyances,  p.  171,  §  3. 

acts  of  sale  not  to  be  made  till  payment  of  taxes,  p.  171,  g  4. 

penalty  for  violating  foregoing  section,  p.  171,  §  6. 

deputy  notaries,  and  their  oath,  p.  171,  ^  6.       '^»**^l  *^'*'< 

relative  to  notices  of  protest,  p.  171,  ^6. 

fees  of  notaries  public,  p.  171,  g  19. 

after  1st  May,  1857,  all  present  offices  vacated,  p,  380,  g  1. 

Governor  to  appoint  their  successors,  etc.,  p.  381,  |  2. 

Governor,  in  appointing,  to  designate  the  offices,  p.  381,  ^  3. 

repealing  clause,  p.  381,  ^  4. 
NUISANCES  AND  OFFENSES,  p.  172.     See^  In  index,  "Oifenses." 

nuisances  offensive  to  decency.  No.  502. 
NUISANCE  WHARVES  AND  BOATS,  No.  1027. 
NUMBERING  OF  HOUSES,  p.  29.    See,  in  index,  "Buildings." 
OBSTRUCTING  GUTTERS,  No.  509. 
OBSTRUCTING  LEVEES  AND  WHARVES,  No.  962. 
OBSTRUCTING  STREETS  AND  PAVEMENTS,  No.  594. 
OFFAL,  not  to  be  thrown  in  streets,  etc.,  506. 

nor  kept  in  yards,  No.  507. 
OFFENSES  AND  NUISANCES,  p.  172. 

defacing  or  injuring  buildings,  signs  or  other  property,  Nos.  495,  535. 

door  bells,  door  plates,  knockers,  etc..  No.  496. 

posting  bills,  notices,  etc.,  on  private  houses,  fences,  etc.,  No.  497. 

posters  announcing  sales  of  medicine,  medical  treatment j  etc..  No.  498. 

firing  guns,  pistols,  crackers,  etc.,  No.  499. 

shooting  galleries,  No.  600. 
53 


ii%  INDEX. 

OFFENSES  AND  NUISANCES,  (Co«^mMec7.)  ^.    '--"'"mwm 

drums,  horns,  trumpets,  etc.,  No.  601.  l/i 

indecent  language,  etc.,  No.  602.  >^ 

nuisances,  offenses  to  public  decency,  No.  502.  v>« 

abusing  and  disturbing  persons,  No.  508.  -& 

masking  and  disguising,  charivaris,  etc.,  No.  503.  prt 

throwing  flour  and  other  substances  on  persons,  No.  504.  ^-^  A$i 
disturbances,  intoxication,  etc.,  505.  >  *^^^4tf-" 

throwing  offal,  manure,  refuse  articles,  etc.,  in  streets,  No.  506.=(qf 
offal,  etc.,  not  to  remain  in  yards,  etc..  No.  507. 
deposit  of  filth,  offal,  manure,  etc.,  at  nuisance  wharves,  No.  508. 
obstructing  gutters,  etc.,  No.  509.  u 

taking  earth  from  streets,  etc.,  No.  610  ,ti» 

riding  horses  on  squares  and  certain  streets.  No.  511.  -^^h 

hitching  horses  or  driving  them  on  sidewalks,  No.  512.  :  ('  *^?3!7. 

washing  horses  on  sidewalks.  No.  513.  • '? ' 

shaking  carpets  and  hanging  clothes  in  public  places.  No.  514.     .-».i'C'/l- 
unlawful  to  sell  groceries  in  streets,  No.  515.  ^ 

sale  of  vegetables,  fish,  etc.,  etc.,  must  be  in  market,  Nos.  616,  432. 
oysters  not  to  be  sold  in  certain  months,  etc.,  No.  517. 

oysters  not  to  be  sold  in  markets,  sale  of  bad  oysters,  etc.,  No.  617.  .i^ 

unlawful  to  pile  them  on  pavements,  etc.,  No.  518.  ' 

bathing  in  public  places,  No.  619. 

hogs,  No.  520.  .     .,. 

dogs,  No.  621.  '/  "j-al  i^Wi-^'^i 

animals  with  glanders  or  other  contagious  disease,  No.  522."'  ' :  I 
sale  of  liquor  on  vessels.  No.  523.  <; 

penalty  for  violating  any  of  the  foregoing  provisions,  No.  524. 
vitriol  and  aqua  fortis,  No.  525. 

wild  animals,  No.  526.  -.  >i  , 

dead  animals,  their  burial,  No*  627. 

j^  making  false  alarm  of  fire,  No.  528. 

^§  to  fill  up  lots  where  there  is  stagnant  water,  No.  529. 

i  unlawful  to  fill  lots  with  manure  or  offensive  stuff,  No.  530. 

penalties  for  violating  certain  of  foregoing  provisions,  No.  531. 

bull  and  bear  fights,  and  other  immoral  exhibitions,  p.  532. 

cock  pits.  No,  533. 

obscene  papers,  pictures,  etc.,  No.  634. 

injuring'  and  defacing  city  and  public  property,  Nos.  685,  495. 

spoiled,  tainted  and  unwholesome  provisions,  sale  of  etiQ.,  Nos..  1^35,  427. 

adulteration  of  food  and  liquors,  No.  637.  ^  i  i-jji  stjaff 

disintering  dead  bodies,  No.  538.-  "       ■  ••■,;■''''*'-' 

keeping  spoiled  and  damaged  provisions,  No,  589. 

landing  of  damaged  and  spoiled  provisions,  540.  1- 

using  and  storing  unwholesome  liquors  and  goods.  No.  541.         *] 

offensive  shops,  manufactories,  etc.,  niiisances.  No.  542. 

privies,  Nos.  543,  544. 

conveyance  of  feculent  matter,  No.  645,     V^^K  j<#i 


INBEX.  410 

OFFENSES  AND  NUISANCES,  {Continued.) 

drivers  of  vehicles,  not  to  insult,  etc.,  No.  646. 

penalties  for  violating  certain  of  the  foregoing  provisions,  No.  547. 

punishment  of  minors  and  slaves,  No.  548. 

continuation  of  offenses  and  nuisances  after  notice,  No.  549. 
.   '  duty  of  all  city  officers,  No.  550. 

racing  and  fast  driving,  No.  903. 

resisting  wharfingers,  No,  961. 
/>J«UI  ol>structing  levees  and  wharves,  No.  962. 

,^^5  obstructing  streets,  pavements,  etc.,  p.  109,  No.  594. 
ni    i  for  offenses  relative  to  auction  sales,  p.  6. 

awnings,  sheds  and  hanging  signs,  p.  11. 

balls,  and  public  exhibitions,  p.  15. 

basins  and  canals,  p.  32. 

batture,  p.  18. 

bakery,  bread,  etc.,  p.  13. 

builders,  master  workmen,  etc.,  p.  26. 

buildings — numbering  of — fire  limits,  p.  27. 

chimndys,  stoves,  stove  pipes,  p.  41. 

coffee  houses,  cabarets,  bar  rooms,  p.  44. 

cotton  presses  and  pickeries,  p.  84. 

factories,  tanneries,  slaughter  houses,  p.  89. 

fences,  walls,  and  ditches,  p.  90. 

fires  and  their  prevention,  p.  92. 

flatboats,  and  flatboat  basin,  p.  110. 

forges,  foundries  and  steam  engines,  p.  113, 

gun  powder,  p.  114. 

health — board  of,  and  quarantine,  p.  120. 

hotels,  boarding  houses,  p.   131. 

lewd  women,  pp.  141,  376. 
r  markets,  p.  146. 

pounds,  p.  207. 

quicklime,  p.  217. 

revenue,  taxes  and  licenses,  Nos.  244-5. 

slaves  and  free  persons  of  colour,  p.  257. 

slave  marts  and  negro  traders,  p.  274. 

smoke  houses,  p.  275. 

stables  and  dairies,  p.  275. 

streets,  pavements,  squares,  etc.,  p.  281 . 

trees,  p.  310. 

vehicles,  p.  311. 

wharves,  port,  etc.,  p.  332. 

mayor,  recorders,  etc.,  commissioned   as  justices    of  the  peace,  p.  180, 
art.  124.     Constitution. 

city  authorized  to  impose  fines  (not  over  $100,)  and  to  imprison,  p.  181, 
I  19.     Statute. 

harbor  masters  to  enforce  ordinances  relative  to  nuisances  on  levee  p.  181, 
I  7.    Statute. 


4S6  INDEX. 

OFFENSES  AND  NUISANCES,  (Conimwed) 

violation  of  ordinances  to   be   reported  to  comptroller,   p.  181,    §  108. 

definition  of  vagrants,  p.  181,  §  120.     Statute. 

vagrants,  how  dealt  with,  p.  181,  §  121.     Statute. 

juvenile  vagrants,  how  treated,  p.  182,  §  122.     Statute. 

vagabonds  and  suspicious   persons,  who   reputed   such,  'p.    182,  '§  123. 

how  punished,  p.  182,  g  123-4.     Statute. 

penalty  for  harboring  vagrants,  p.  182,  ^  125.     Statute. 

penalty  for   cutting  levees  in   New  Orleans,  etc.,  p.  182,  §  109.     Statute. 

Carrying  concealed  weapons,    p.  184,  §  99,  and  p.  182,  §  115.     Statute. 

assaulting,    beating,   wounding,   false  imprisoning,   etc.,   p.    183,    §   13. 

assault,  p.  183,  |  14.    Statute. 

malicious  killing  of  certain  animals,  p.  183,  §  31 .    Statute. 

beating  or  maiming  animals,  p.  183,  §  32.     Statute. 

banking  games  and  banking  houses,  p.  183,  §  95.     Statute. 

fines,  how  disposed  of,  p.  183,  |  96.     Statute. 

gambling,  etc.,  p.  183,  g  97.     Statute. 

who  may  arrest  gamblers,  etc.,  p.  183,  §  98.     Statute. 

law  relative  to  betting  on  elections,  repealed,  p.  381.     Statute. 

keeping  disorderly  houses,  p.  47,  ^  92 .     Statute. 

harbor  masters  to  enforce  certain  nuisance  laws,  p.  120,  §  6.     Statute. 

power  of  board  of  health  in   enforcing  ordinances,  etc..   p.   122,   §  6. 

decision  of  Supreme  court,  p.  184. 
OFFICERS  AND  OFFICES,  p.  185. 

list  of  city  ofi&cers,  p.  389. 

certain  officers  under  orders  of  board  of  health,  No.  552. 
,  to  report  violations  of  ordinances,  etc.,   Nos.  553,  550. 

to  report  persons  without  licenses.  No.  554. 

duration  of  term  of  offices,  No.  555. 

their  rigkt  to  purchase  materials,  etc.,  No.  556. 

not  allowed  cab  or  carriage  hire,  No.  557. 

not  to  insure  city  property.  No.  389. 

salaries  of  officers  to  be  paid  by  preference,  No,  160. 

city  attorney  to  prepare  papers,  etc.,  for  city  officers,  No.  7. 

their  bonds  to  be  executed  before  mayor,  No.  73. 

salaries  of  officers.  No.  748. 

their  bonds  and  sureties,  p.  24. 

board  of  assessors,  p.  22. 

city  attorney,  p.  2.  ' 

city  assistant  attorney,  p.  3. 

comptroller,  p.  56. 

coroner,  p.  73. 

harbor  masters,  p.  118. 

master  and  wardens  of  port,  p.  157. 

mayor,  p.  159. 

notary,  p.  170.  >ft;^ft^ 

physicians,  city,  p.  198. 


INDEX.  421 

OFFICERS  AND  OFFICES,  {Continued.) 

police  officers,  p.  202. 

recorders,  p.  224. 

street  commissioner,  p.  276. 

surveyor,  p.  296. 

treasurer,  p.  305.  ' 

wharfingers,  p.  329. 

their  oath,  p.  187.     Constitution. 

who  disqualified,  p.  187.     Constitution. 

city  to  have  the  right  to  appoint  officers,  p.  187.     Constitution. 

in  what  cases  to  remain  in  office  after  term,  etc.,  p.  188.     Constitution. 

executive  power  of  city,  in  what  offices,  p.  188,  §  6.     Statute. 

qualification  of  mayor,  recorders,  etc.,  p.  188,  §  7.     Statute. 

time  and  manner  of  election  of  officers,  p.  188,  ^  8.    Statute. 

when  to  enter  on  their  duties,  p.  188,  §  8.     Statute. 

qualification  of  voters  for  offices,  p.  188,  ^  10.     Statute. 

oath  of  office,  p.  188,  |  17.     Statute. 

members  of  council  not  to  hold  office,  eto.,  p,  189,  §  21.     Statute. 

election  of  certain  officers,  p.  189,  §  24.     Statute. 

officers  to  sign  in  their  own  hand- writing,  etc.,  p.  189,  ^  32.     Statute. 

organization  of  different  departments,  p.  189,  ^  125- 

certain  officers  may  be  discharged,  etc.,  p.  189,  §  125. 

their  compensation,  how  fixed,  p.  189,  ^  126. 

salary,  etc.,  how  to  be  increased,  etc.,  p.  189,  §  127. 

power  of  removal,  p.  190,  |  128. 

election  set  aside,  who  to  act,  etc.,  p.  190,  §  129, 

right  to  office,  how  tested,  p.  190,  ^  130. 

bond  and  security  to  be  furnished,  p.  190,  ^132. 

who  excluded  from  office,  p.  190,  §  1. 
OFFICIAL  PAPER,  NEWSPAPERS,  NOTICES,  etc.,  p.  190. 

official  journal  elected  annually.  No.  558. 

what  to  be  published  in  official  journal — compensation,  p.  191,  Nos.  559, 564. 

to  give  notice  of  acceptance,  p.  191,  No.  560. 

to  give  bond  and  security,  p.  192,  No.  661. 

proceedings  of  council,  when  to  be  published,  p.  192,  No.  562. 

city  advertisements,  p.  192,  No.  663. 

what  published  as  proceedings  of  council,  p.  192,  No.  664. 

election  and  other  notices,  p.  192,  No.  665. 

blanks,  job  printing,  etc.,  p.  192,  No.  566. 

the  contracts  for  blank  forms,  etc.,  p.  193,  No.  567. 

comptroller's  duty  relative   to   forms,  blanks  for  city  officers,  p.  193, 
No.  568. 

the  bids  for  the  contracts,  p.  193,  No.  569. 

duty  of  certain  officers  relative  to  blanks,  forms,  etc.,  p.  194,  No.  671, 

newspapers,  p.  194,  No.  572. 

newspapers  to  be  kept  as  archives,  p.  1,  No.  2. 

obscene  and  libelous  papers,  p.  177,  No.  534. 

advertisements  of  petitions  for  paving,  etc.,  p.  60,  No.  193. 


422^  INDEX. 

OFFICIAL  PAPER,  NEWSPAPERS,  NOTICES,  etc.  (Continued.) 

French  and  English  notices  must  be  furnished  in  both  languages,  p.  194, 

No.  574. 
the  press  shall  be  free,  etc.,  p.  184,  Art.  106.     Constitution. 
OLD  BASIN  OR  CANAL  CARONDELET,  p.  35.     See,  in  index,  "Canals." 
OMNIBUSES,  p.  311.     See,  in  index,  "Vehicles." 
OPELOUSAS  AND  NEW  ORLEANS  RAILROAD,  p.  220. 
ORDINANCES,  p.  195. 

city  ordinances  to  be  revised  and  printed,  p.  195,  No.  575,  etc. 

repeal  of  certain  ordinances,  p.  196,  No,  580. 

in  certain  cases  mayor  to  send  ordinances,  p.  159,  No.  486. 

city  attorney  to  draft  ordinances,  p.  2,  No.  6. 

power  of  council  to  pass  ordinances,  p.  53,  ^  19.     Statute. 

veto  power  of  mayor,  p.  196,  ^  27.     Statute.  * 

violation  of  ordinances,  p.  196,  §  108.     Statute. 

decisions  of  Supreme  court,  p.  196. 
ORPHANS,  pp.  198,  381.  /■» 

OXEN,  stray,  p.  207,  No.  589.     See,  in  index,  ''  Pounds." 
OYSTERS,  not  to  be  sold  at  certain  seasons.  No.  517. 

nor  in  markets  or  pirogues.  No.  517. 

nor  to  be  piled  on  pavements.  No.  518. 
PAPER-OFFICIAL,  AND  NEWSPAPERS,  p.  190.  See,  in  index,  ''Official  Paper" 
PAUPERS,  foreign  and  criminal,  p.  112. 

PAVEMENTS    AND  PAVING,  p.  281.     See,  in  index,  ''Streets." 
PHYSICIANS— CITY,  p.  198.  ^1 

common  council  to  appoint  two  city  physicians,  p.  198,  No.  582.      ' 

their  duties,  p.  198,  No.  583,  etc.  ' 

absence  of  either  physician,  p.  198,  No.  586. 

their  prescriptions,  p.  198,  No.  587. 

medicines,  p.  199,  No.  588.  '^^ 

contagious  diseases,  p.  199,  No.  589. 

their  salary,  p.  199,  No.  590.  < 

council's  right  to  remove  them,  p.^199,  No.  691.  '-. 

their  duties  to  insane  persons,  p.  199,  No.  592. 
PICKERIES  AND  PRESSES,  p.  84.  i 

PILOTS,  pp.  199,  383.     Statute. 

pilots  appointed  by  the  Governor  and  their  qualifications,  p.  199,  ^  1. 

board  of  examiners,  p.  199,  §  2. 

bonds  to  be  given  by  pilots,  p.  200,  §  3.  4 

boats  to  be  kept  and  owned  by  pilots  of  New  Orleans,  p.  200,  ^  4. ' 

boats  to  be  kept  and  owned  by  pilots  for  Atchafalaya  bay,  p.  200,  ^  5. 

penalty  for  piloting  by  persons  not  pilots,  p.  200,  §  6. 

pilots  to  exhibit  their  license,  p.  200,  §  7. 

fees  and  duties  of  pilots,  p.  200,  g  8,  9. 

right  of  pilots  to  re-pilot  vessels,  p.  201,  §  10. 

pilots  refusing  or  neglecting  to  pilot  vessels,  p.  201,  §  11. 

their  agents  to  collect  dues,  p.  201,  §  12. 

master  and  wardens  to  make  rules  for  pilots,  etc.,  p.  201,  §  1^ 


INDEX.  428 

PILOTS,  {Continued.) 

coffee  houses,  hotels,  etc.,  at  pilot  stations,  p.  201,  §  14. 

anchors  and  cables  in  the  Mississippi,  p.  201,  §  15. 

pilots  not  to  leave  stations,  etc.,  p.  202,  §  16. 

fines  and  forfeitures,  p.  202,  §  17. 

reward  to  be  paid  pilots  in  certain  cases,  p.  202,  ^18. 

half  pilotage  to  be  paid  in  certain  cases,  p.  202,  §  19. 

penalty  for  carrying  pilots  to  sea,  p.  202,  §  20. 

discharging  ballast  ii^the  bay,  penalty,  p.  202,  §  21. 

duty  of  pilots  as  to  quarantine,  p.  126,  ^21. 
■    new  pilot  laws,  (1857,)  p.  383. 
PISTOLS,  FIRING,  forbidden.  No.  499^.  ,"*r 

galleries.  No.  500. 
POLICE,  committee  on,  p.  49. 
POLICE  DEPARTMENT,  p.  202. 

police  shall  consist  of,  etc.,  p.  202,  No.. 563. 

captain  or  chief,  p.  203,  No.  564. 

persons  eligible  for  policemen,  p.  203,  No.  665. 

to  give  bond,  p.  203,  No.  566. 

who  shall  be  surety,  p.  203,  No.  567. 

the  mayor  to  be  the  head  of  the  police,  p.  208,  No.  568. 

mayor  to  make  rules  for  police,  p.  204,  Nos.  569,  574. 

salaries  of  the  police,  p.  204,  No,  670. 

their  uniform,  p.  204,  No.  571. 

increase  of  police  force,  p.  204,  No.  573. 

rules  and  regulations,  p.  204,  No,  574. 

securities  first  to  be  accepted,  p.  204,  No.  675. 

commissaries  to  be  under  order  of  chief,  etc.,  p.  205,  No.  576. 

chief's  clerk  and  assistant,  p.  205,  Nos.  577-8. 

support  of  prisoners,  their  per  diem,  p.  205,  No.  579. 

ofi&cers  to  make  monthly  reports,  p.  205,  Nos.  580-1. 

purchases  for  police  department,  p.  205,  No.  582. 

rural  portion  of  third  district,  p.  206,  No.  583. 

Milneburg  policeman,  p.  206,  No.  584. 

police  for  horse  market,  p.  206,  No.  585. 

duty  relative  to  fires,  p.  104,  Nos.  319,  320,  323. 

duty  as  to  bakeries  and  bread,  p.  13,  No.  41. 

not  to  improperly  interfere  at  elections,  p.  87,  No.  250. 

to  visit  slaughter  houses,  weekly,  etc.,  p,  90,  No.  258. 

to  fire  evening  gun,  p.  89,  No.  251. 

police  powers  of  firemen,  p.  95,  Nos.  277,  320. 

duty  of  police  as  to  balls  and  places  of  amusement,  p.  15. 

awnings,  sheds  and  hanging  signs,  p.  11. 

board  of  health,  p.  120. 

buildings,  p.  27. 

cemeteries  and  interments,  p.  35. 

coflfee  houses,  p.  44. 

juvenile  vagrants  and  their  parents,  No.  1082. 


424  INDEX. 

POLICE  DEPARTMET^T,  {Continued.)  m 

duty  of  police  as  to  lewd  women,  pp.  141,  376. 
markets,  p.  146. 
offenses  and  nuisances,  p.  1 72. 
pounds,  p.  207.  r:: 

slaves  and  free  persons  of  color,  257. 
vehicles,  p.  311. 
PONTCHARTRAIN  RAILROAD  COMPANY,  p.  223. 
PORK  AND  BEEF— INSPECTION  OE,  p.  20. 
PORT  OF  NEW  ORLEANS,  p.  332.  ?i> 

harbor  masters,  p.  118. 

wardens,  p.  157. 

pilots,  pp.  199, [883. 
PORTERS— CITY,  p.  207. 
POSTERS,  Nos.  497,  498. 
POUNDS— CITY,  p.  207. 

animals  running  at  large,  p.  207,  Nos.  589,  597. 

records  of  arrests  of  animals,  p.  208,  No.  689. 

pound  charges  and  fees,  p.  208,  No.  590. 

hogs  running  at  large,  p.  209,  No.  691. 

taking  animals  from  pounds,  p.  209,  No.  592. 

carta  and  other  vehicles  left  in  streets,  etc.,  209,  Nos.  593,  598. 

obstructing  pavements,  etc  ,  with  goods,  etc.,  p.  209,  No.  594. 

how  such  goods  shall  be  disposed  of,  p.  210,  No.  595. 

extending  pound  limits,  p.  210,  No.  597. 

pound  fees,  p.  210,  Nos.  598,  590.  '^ 

duty  of  pound  keepers  as  to  boys,  etc.,  p.  211,  No.  599. 

pounds  in  second  and  fourth  districts,  p.  211,  No,  600. 

street  commissioners  to  appoint  four  pound  keepers,  p.  211.  No.  601. 

duty  of  certain  ofl&cers,  p.  211,  No.  602. 

third  district  pounds,  p.  212,  No.  608. 

second  district  pounds^  p.  212,  No.  604. 

repeal  of  certain  ordinances,  p.  212,  No.  605. 

decisions  of  Supreme  court,  p.  212. 
POWDER,  powder  magazine,  p.  114.     See,  in  index,  "Gunpowder" 
PRESSES— COTTON,  AND  PICKERIES,  p.  84. 
PRINTING— CITY,  p.  190.     See,  in  index,  ''Official  Paper." 
PRISONS,  WORKHOUSES,  etc.,  p.  363. 

committee  on,  p.  48.    See,  in  index,  "Workhouses." 
PRIVIES,  Nos.  543-4-5. 

PROSTITUTES,  pp.  141,  376.     See,  in  index,  "Lewd  Women." 
PROVISIONS,  spoiled,  Nos.  536,  539,  540,  541. 

PUBLIC  BALLS  AND  EXHIBITIONS,  p.  15.     See,  in  index,  "Balls." 
PUBLIC  PLACES,  p.  281,     See,  in  index,  "Streets.". 
PUBLIC  SCHOOLS,  p.  212. 

election  by  council  of  the  board  of  directors,  No.  606. 

board,  when  to  meet,  No.  607. 


iNDEl.  426 

PUBLIC  SCHOOLS,  (Continued.) 

annual  appropriations,  No.  608. 
for  first  district.  No.  609. 
for  second  district,  No.  610. 
for  third  district,  No.  611. 

for  fourth  district,  No.  612.  '■   j^^ 

monthly  expenses,  No.  613.  .*»»*fl^i!vJ  -  ■     - 

responsibility  of  city,  No.  614. 
quarterly  reports  to  be  made  by  board,  No.  615. 
quarterly  and  annual  reports,  duty  of  president,  No.  616. 
provisions  of  State  constitution,  p.  216. 
division  of  city  in  school  districts,  p.  216,  g  38.     Statute, 
election  of  school  directors,  p.  216,  §  38. 
appropriations,  p,  216,  §  38. 

qualification  for  school  directors,  election  of  teachers,  p.  216,  |  38. 
school  directors  for  fourth  district,  p.  216,  §  3. 
council  authorized  to  establish  public  schools,  p.  216,  §  1. 
QUARANTINE,  p.  120.    See,  in  index,  "  Health," 
QUICKLIME,  p.  217. 
RAILROADS,  pp.  78,  79,  83. 

Jackson  Railroad,  city  subscription.  No.  621. 

how  payable.  No.  622. 

special  tax  on  real  estate.  No.  623. 

how  bonds  delivered.  No.  624. 

repeal  of  certain  ordinances,  No.  625. 

ratification  of  this  ordinance,  No.  626. 

right  of  way.  No.  627. 

widening  of  Calliope  street,  No.  628. 
Opelousas  Railroad,  city  subscription,  No.  629. 

how  payable,  No.  630. 

special  tax  on  real  estate.  No.  631. 

bonds,  how  delivered.  No.  632. 

repeal  of  certain  ordinances,  No.  633. 

ratification  of  this  ordinance.  No;  634. 
CarroUton  Railroad,  permission  to  run.  No.  635. 

proviso.  No.  636. 

subject  to  police  ordinances,  No.  637. 
Pontchartrain  Railroad,  p.  223. 
Railroads  generally,   pp.  223,  78,  79,  83. 
decisions  of  Supreme  court,  p.  224.  *r    .  •,  .' 

RECORDERS,  p.  224.  ' 

duty  as  to  violation  of  ordinances,  ^No.  638. 
runaway  slaves.  No.  639. 
their  books,  No.  640. 
to  render  weekly  accounts,  No.  641. 
their  clerks  to  make  monthly jeports,  No.  642. 
assistant  recorders.  No.  643. 
54 


426  INDEX. 

RECOEDERg,  {Continued.) 

cleaning  of  offices  and  prison,  No.  644. 

things  to  be  purchased,  p.  205,  No.  582. 

necessary  blank  forms,  p.  193,  No.  567. 

to  grant  permits  to  open  tombs,  No.  126. 

their  duty  concerning  lewd  women,  No.  1085. 

recorders  commissioned  as  justices  of  the  peace,  etc.,  p.  226,  Art.  124. 

Constitution, 
duties  of  recorder,  p.  226,  ^  28.    Statute, 
salary  of  recorder  and  clerks,  p.  226,  §  28.     Statute, 
recorders  pro  tern,  how  chosen,  p.  226,  §  29.     Statute, 
committing  magistrates,  their  powers,  p.  227,  I  34.     Statute, 
relative  to  bail,  p.  227,  g  35. 
to  certify  to  sufficiency  of  bail,  p.  227,  §  36. 
magistrates  to  sign  commitments,  p.  227,  §  37. 
defendants'  witnesses  bound  over,  p.  228,  §  38. 
depositions  to  be  taken  in  writing  in  certain  cases,  p.  228,  §  39. 
breach  of  peace,  to  commit  persons,  etc.,  p.  228,  ^  40. 
to  specify  surname  and  name  of  the  parties,  p.  228,  §  41. 
attorney  general  and  district  attorney,  p.  228,  g  42. 
to  issue  warrants  for  arrest,  p.  229,  ^  43. 
expenses  to  be  paid  by  the  parish,  p.  229,  §  44. 
process  from  New  Orleans  executed  in  Jefferson  parish,  p.  229,  §  45. 
process  in  Jefferson  parish  executed  in  New  Orleans,  p.  229,  §  46. 
search  warrants  for  stolen  property,  p.  229,  ^  47. 
decisions  of  Supreme  court,  p.  230. 
RECORDER  OF  CONVEYANCES,  p.  230.     Statute. 

recorder  to  be  appointed  every  fourth  year,  p.  230,  ^1. 
to  furnish  bond,  p.  230.  ^2.  ' 

«  ,  r;  deputy,  p.  230,  §  3. 

office,  recorder's  duty.  p.  230,  ^  4. 

authorized  to  open  certain  records,  and  his  duties,  p.  230,  ^  5. 
k^.  manner  of  recording  notarial  acts,  p.  230,  |  6. 

manner  of  recording  acts  under  private  signature,  p.  231,  §  7. 
^^  X'  to  take  acknowledgments  of  signatures,  p.  231,  |  8. 

#'  acts  not  registered  to  have  no  effect  as  to  third  persons,  p.  231,  ^  9. 

not  to  perform  duties  of  recorder  of  mortgages,  p.  231,  ^  10. 
not  to  pass  notarial  acts,  p.  231,  §  11. 
to  make  abstract  of  notarial  acts,  etc.,  p.  231,  §  12. 
fees  of  register,  p.  231,  g  13. 

to  make  monthly  list  for  board  of  assessors,  p.  231,  §  14. 
repealing  clause,  p.  231,  §  15. 
registry,  p.  232. 
RECORDER  OF  MORTGAGES,  p.  231. 
REGISTRY,  p.  232. 
^^  REGISTRY  OF  BIRTHS  AND  DEATHS,  p.  283,  and  No.  131. 

record  of  births  and  deaths,  p.  233  §  1. 
time  for  declarations  of  births,  p.  233,  §  2. 


INDEX.  427 

REGISTRY  OF  BIRTHS  AND  DEATHS,  {Continued.) 
by  whom  declared  and  how  recorded,  p.  233,  ^  3. 
record,  what  to  contain,  p.  233,  g  4. 
declaration  of  death,  by  whom  to  be  made,  p.  233,  §  5. 

what  to  contain,  p.  233,  |  6, 
record  of  births  and  deaths  of  free  persons  of  color,  p.  233,  g  7. 
birth  of  children  to  be  declared  within  thirty  days— penalty,  p.  233,  §  9. 
deaths,  when  to  be  declared  and  by  whom — penalty,  p.  234,  §  10. 
recorder  of  births  and  deaths  in  New  Orleans,  p.  234,  §  12. 
repealing  clause,  p.  234,  ^13. 
REGISTRY  OF  VOTERS,  p.   234,  and  No.  1108.     See,  in  index,  "Elections." 
REVENUE,  TAXES,  AND  LICENSES,  pp.  239,  386. 
-  annual  tax  on  bank  agencies.  No,  645. 

insurance  companies  and  agencies.  No.  646. 

theatres  and  amphitheatres,  No.  647. 

race  courses,  No.  648.  -   . 

cock  pits,  No.  649. 

slave  marts.  No.  650. 

private  banking  houses,  No.  651. 

pawnbrokers.  No.  652. 

money  brokers,  No.  658. 

hotels  and  boarding  houses,  No.  654. 

coffee  houses,  No.  655. 

wholesale  liquor  dealers,  No.  656.  ^ 

eating  houses,  selling  liquors.  No.  657. 

cotton  presses.  No.  658. 

grocery  stores  selling  liquor  by  the  quart,  No.  659. 

jewelry  stores.  No.  660. 

stock  brokers,  No.  661. 

cotton  brokers.  No.  662. 

cotton  pickeries.  No.  663. 

restaurants,  No.  664. 

merchants  generally,  Nos.  665,  667,  739,  741. 

livery  stables,  No.  666. 

commission  merchants,  No.  668. 

auctioneers,  No.  669. 

private  hospitals.  No.  670. 

shipping  masters,  stevedores,  etc.,  No.  671. 

coal  or  lumber  yards,  No.  672. 

coal  agents,  No.  673. 

produce  brokers,  weighers,  etc..  No.  674. 

bottling  establishments,  No.  675. 

warehouses,  Nos.  676,  738. 

ship  brokers.  No.  677. 

billiard  tables,  No.  678. 

ten-pin  alleys,  No.  679, 

pistol  galleries,  No.  680. 


428  INDEX. 

BENENUE,  TAXES,  AND  LICENSES,  {Continued.) 

annual  tax  on  mills,  factories,  brickyards,  etc..  No.  681. 

retail  liquor  stores,  No.  682.  ,  ..  ^t  „  , 

printing  offices,  No.  683. 

hotels  and  boarding  houses,  No.  684. 

job  boats,  No.  685. 

undertakers,  No.  686. 

steam  boat  agents.  No.  687. 

hawkers  and  peddlers,  No.  688. 
,  contracts  generally,  buildings,  etc.,  No.  689. 

retail  business  generally.  No.  690. 

real  estate  and  house  brokers,  No.  691. 

dairies.  No.  692. 

confectionaries,  No.  693. 

charcoal  dealers.  No.  694. 

fruit  stores  and  stands,  No.  695. 

ice  cream  saloons.  No.  696. 

oyster  stands.  No.  697. 

intelligence  offices,  No.  698. 

veterinary  doctors,  No.  699. 

distilleries,  No.  700. 

brewers,  No.  701. 

makers  of  syrups,  Nos.  702,  740. 

makers  of  mineral  waters,  Nos.  703,  740. 
*  makers  of  soap,  tallow,  camphene,  etc.,  Nos.  704,  740. 

balls  and  raffles,  No.  705. 

drays,  carts,  etc.,  No.  706. 

two  horse  hacks.  No.  707. 

four  wheeled  hauling  vehicles.  No.  708. 

four  wheeled  wagons.  No.  709. 

omnibuses.  No.  710. 
omnibuses  to  have  numbers.  No.  711. 
branding  and  numbering  carts,  etc.,  No.  713. 
annual  tax  on  private  carriages,  No.  712. 
annual  tax  on  public  exhibitions,  No.  714. 
every  partner  to  pay,  No.  715. 
annual  tax  on  lawyers,  physicians,  etc.,  No.  716. 
persons  having  several  stores,  No.  717. 
certain  declarations  to  be  made.  No.  720. 
private  boarding  houses.  No.  721. 
vessels — transient  boarders  upon,  No.  722. 
tax  after  first  of  July,  No.  723. 
street  musicians.  No.  724. 
recording  licenses,  securities,  etc.  No.  725. 
taxes  payable  in  advance.  No.  726. 
doing  business  without  license.  No.  727. 
certificate  to  be  hung  up.  No.  728. 
penalties  and  fines,  No.  729. 


_  INDEX.  429 

REVENUE,  TAXES,  AND  LICENSES,  {Continued.) 

census  to  be  made  by  street  commissioner,  etc.,  No.  730. 

application  for  licenses,  No.  731. 

non-residents,  No.  732. 

consolidated  loan  tax,  No.  734. 

tax  for  Pontchartrain  railroad,  No.  735 . 

tax  for  rail  roads.  No.  736. 

tax  on  real  estate,  slaves,  and  personal  property,  Nos.  737,  1109.     , 

coffee  bouse  license,  Nos.  742,  161,  165,  167. 

treasurer  to  receive  money  only,  No.  743. 

suits  for  taxes  withdrawn  in  certain  cases,  No.  744. 

pirogues  to  be  licensed.  No.  745. 
to  be  numbered,  No.  746. 

tax  on  the  McDonough  estate.  No.  747. 

comptroller  to  issue  licenses,  No.  3<H, 

consolidated  debt  and  taxes,  p.  66. 

tax  to  be  paid  by  lewd  women,  p.  376. 

taxation  to  be  equal  and  uniform,  p.  249,  Art.  123.     Constitution. 

property  subject  to  taxation,  p.  249,  ^  36.     Statute. 

common  council  to  tax  annually — equal  and  uniform,  p.  249,  §  42. 

city's  power  to  issue  licenses,  p.  250,  §  102. 

power  to  collect  taxes  and  licenses,  p.  250,  §  103. 

mode  of  enforcing  payment,  etc.,  p.  251,  §  104. 

suit  for  taxes — when  to  be  commenced,  p.  251,  §  107. 

form  of  notice  to  delinquents,  and  costs,  p.  251,  g  107. 

proceedings  how  conducted,  p.  251,  ^  107, 

fines,  dues  and  licenses,  how  collected,  p.  251,  §  107. 

compensation  of  city  assistant  attorney,  p.  251,  §  107. 

decisions  of  the  Supreme  court,  p,  252. 
SALARIES  OF  CITY  OFFICERS,  p.  225.     See,  in  index,  "Officers-" 
SCHOOLS— PUBLIC,  p.  212.     See,  in  index,  "Public  Schools." 
SEAL— CITY,  p.  257. 

SECURITIES  AND  BONDS,  p.  24.     See,  in  index,  "Bonds." 
SEXTONS,  p.  35.     See,  in  index,  "Cemeteries." 
SHEDS,  AWNINGS  AND  SIGNS,  p.  11. 
SHEEP,  stray,  p.  207,  No.  589.     See,  in  index,  "Pounds." 
SHOOTING  GALLERIES,  No.  500. 
SIDEWALKS,  p.  281.     See,  in  index,  "Streets." 
SIGNS,  SHEDS  AND  AWNINGS,  p.  11. 
SLAUGHTER  HOUSES,  p.  89. 
SLAVE  MARTS  AND  NEGRO  TRADERS,  p.  274. 
SLAVES  AND  FREE  PERSONS  OF  COLOR,  pp.  257,  386. 

must  lodge  at  home  of  master,  etc..  No.  750. 

letting  rooms  to  slaves.  No.  751. 

duty  of  police  in  relation  to  slaves,  Nos.  752,  772. 

slaves  not  to  assemble,  etc..  No.  753. 

penalty  for  assembling  in  violation  of  law,  No.  754. 

slaves  not  to  visit  balls  of  free  colored  persons,  No.  765. 


430  INDEX. 

SLAVES  AND  FREE  PERSONS  OF  COLOR,  (Continued.) 

slaves  armed,  No.  756. 

disturbance  of  public  peace,  No.  767. 

slaves  on  steamboats  and  vessels,  No.  758. 

insulting  free  persons.  No.  759.  a* 

runaway  slaves,  No.  760. 

not  to  be  permitted  to  ride  in  cabs,  etc.,  No.  761. 

slave  parties  at  private  houses,  No.  762. 

liquor  to  slaves,  Nos.  763,  764,  167. 

free  persons  and  slaves,  etc.,  not  to  play  cards  together,  No.  765. 

slaves  to  be  home  before  gun  fire,  Nos.  766,  251. 

free  persons  of  color  on  vessels,  etc..  No.  767. 

merchandise,  etc. ,  not  to  be  sold  to  slaves,  No.  768. 

slaves  brought  from  other  States,  No.  769. 

slaves  in  cabarets,  etc.,  Nos.  770,  173. 

free  persons  of  color  in  hotels,  No.  771. 

no  license  to  be  given  to  colored  persons  to  keep  cabarets,  No.  164. 

punishment  of  slaves,  No.  548. 
acts  of  the  legislature  or  "black  code,"  p.  263,  et  seq. 
no  slave  to  be  emancipated,  p.  387.     Statute, 
decisions  of  the  Supreme  court,  p.  273. 
SMOKE  HOUSES,  p.  275. 
SOAP  FACTORY,  p.  89. 

SQUARES,  PUBLIC,  p.  281.    See,  in  index,  "Streets." 
STABLES  AND  DAIRIES,  p.  275. 
STEAM  ENGINES,  p.  113. 
STOVES,  CHIMNEYS,  etc.,  p.  41. 
STREET  COMMISSIONER,  p.  276. 
his  officers.  No.  786. 
his  office,  books,  bonds,  etc.,  No.  787. 
his  duties.  No.  788.  ,v6:i     -^  ; 

duty  of  deputy.  No.  789. 
assistants  and  clerk,  No.  790. 
salary  and  bond  of  deputy,  No.  791. 
salary  of  assistants,  No.  792. 
salary  of  clerk.  No.  793. 
office  hours.  No.  794. 
superintendent  of  repairs,  No.  796. 
his  bond  and  security,  No.  797. 
'^^''"      his  salary.  No.  798. 

abolishing  certain  offices,  No.  799. 

to  purchase  requisite  materials.  No.  800. 

monthly  statement,  No;  801. 

certificates  to  contractors,  No.  802. 

laborers'  pay  in  commissioners  department,  No.  803. 

he  shall  keep  a  record  of  laborers,  etc.,  No.  804. 

his  semi-monthly  reports,  No.  805. 

monthly  pay-rolls  to  be  returned,  No.  806. 


ifjDUX.  481 

STREET  COMMISSIONER.,  (Continued.) 

fines  for  violations  of  contracts,  No.  807. 
his  duty  as  to  board  of  health,  No.  364. 
to  make  census  for  taxes,  No.  730. 
duty  relative  to  chimneys  and  stoves,  No.  152. 

stables  and  dairies,  No.  782. 

awnings,  sheds  and  hanging  signs,  No.  34. 

fences,  No.  260. 

ferries.  No.  262. 

water  works  and  gas  companies.  No.  946. 

builders  and  buildings,  pp.  26,  27. 

cemeteries  and  interments,  p.  35. 

fire,  and  its  prevention,  p.  92. 

fire  limits,  p.  30.  ^ 

markets,  p.  146. 

offenses  and  nuisances  p.  172. 

pounds,  p.  207. 

streets,  p.  281. 
election  of  street  commissioner,  p.  188,  §  8.     Statute, 
duties  of  street  commissioner,  p.  280,  §  34.     Statute, 
common  council  to  organize  the  city  offices,  p.  188,  §  125. 
STREETS,  SIDEWALKS,  etc.,  pp.  281,  387. 

change  of  names  of  certain  streets,  Nos.  808,  809,  810,  811,  812,  813. 

sidewalks,  relaying  etc.,  No.  814. 

repairs  to  streets,  etc,  by  certain  companies,  Nos.  815,  816,  945. 

obstructing  streets,  pavements,  etc.,  with  goods,  etc.,  No.  817. 

obstructions  on  wharves,  levees,  etc..  No.  962. 

obstructing  gutters,  drains,  etc..  No.  509. 

street  commissioners,  duty  to  remove  such  obstructions.  No.  818. 

repairs  to  sidewalks.  No.  819. 

street  commissioner  to  make  repairs  in  certain  cases,  No.  820. 

penalty  for  not  repairing,  No.  821. 

common  alleys,  their  pavement,  etc.,  Nos.  823,  824,  825,  826. 

watering  streets.  No.  827. 

street  lines  and  stone  bounds,  Nos.  828,  829. 

manner  in  which  streets  shall  be  cleaned,  No.  830. 

penalties  against  certain  contractors.  No.  831. 

certificates  to  contractors.  No.  832. 

duty  of  street  cleaners,  No.  833.  ^ 

public  park,  Nos.  834,  835. 

Jackson  square,  Nos.  836,  837. 

public  squares,  placed  under  charge  of  street  commissioner,  No.  838. 

stove  pipes  projecting  over  sidewalks.  No.  150. 

engines,  etc.,  not  to  be  run  on  pavements,  No.  321. 

riding  horses  on  certain  streets  and  squares,  611. 

hitching  horses  on  pavements,  etc.,  No.  512. 

washing  horses  on  pavements,  etc.,  No.  513. 

shaking  carpets  in  streets  and  public  squares,  No.  614. 


^M'. 


432  Inbe:^. 

STREETS,  SIDEWALKS,  etc.,  (Continued.) 

paving  and  banquetting  streets,  p.  29G,  ^  119,  120.     Statute. 

opening,  widening  and  straightening  streets,  p.  291,  |  121.     Statute. 

publication  of  petitions,  p.  291,  ^  122,  p.  387.     Statute. 

what  is  meant  by  "majority  of  owners."  p.  292,  ^  122.     Statute. 

streets  and  banquettes,  by  whom  kept  in  order,  p.  292,  §  123.     Statute. 

power  of  mayor  to  remove  fences  and  open  streets,  p.  292,  §  1.    Statute. 

decisions  of  Supreme  court,  p.  292. 
STREETS— COMMITTEE  ON,  p.  49. 
SURETIES  AND  BONDS,  p.  24.     See,  in  index,  ''Bonds." 
SURVEYOR,  p.  295. 

his  deputies.  No.  840. 

his  office,  bond,  etc.,  No.  841. 

his  duties,  Nos.  842,  1112. 

duties  of  deputies,  No.  843. 

his  salary.  No.  844. 

salary  of  deputies,  No.  845. 

salary  of  clerk,  No.  846. 

salary  of  chain  carriers,  No.  847. 

clerk  and  chain  carriers,  No.  848. 

office  hours.  No.  849. 

surveyor's  reports,  Nos.  851-2-3. 

his  book  of  record,  No.  854.  ^  . 

to  purchase  materials,  No.  855. 

monthly  statements,  No.  856. 

surveyor's  laborers,  No.  857. 

to  take  steps  to  prevent  accidents  in  public  buildings,  Nos.  61,  90. 

his  duty  as  to  cemeteries,  No.  132. 

relative  to  quicklime,  No.  620. 

certain  bridges,  No.  927. 

buildings,  numbering  of  houses,  etc.,  p.  27. 

his  election,  p.  189,  ^  24.     Statute. 

duties  of  surveyor,  and  salary,  p.  299,  ^  33.     Statute. 

a  book  of  plans  to  be  made,  p.  299,  ^  113.     Statute. 

surveyor  to  note  daily  change  of  ownership,  p.  299,  ^114. 

persons  sub-dividing  squares,  lots,  etc.,  to  deposit  plan  with  surveyor, 
p.  299,  ^  115. 

said  plans  subject  to  inspection,  etc.,  p.  299,  §  116. 

common  council  to  organize  city  offices,  p.  188,  §  125. 

decision  of  Supreme  court,  p.  299. 
SUSPICIOUS  PERSONS,  p.  181,  §  120,  121,  122,  123. 
TANNERIES,  p.  89. 
TAVERNS,  pp.  44,  131. 

TAX,  for  consolidated  city  debt,  p.  66,  and  No.  734. 
TAXES,  LICENSES,  etc.,  pp.  239,  386.    See,  in  index,  '-Revenue." 
THEATERS  AND  PLACES  OF  AMUSEMENT,  p.  15. 

See,  in  index,  "Balls." 
TIMBER  CARRIAGES,  p.  311. 


TOBACCO— INSPECTION  OF,;p.  800.    Statute, 

ten  inspectors  to  be  appointed,  p.  SOO,  §  1. 

term  of  office,  p.  300,  ^  2. 

oath,  bond  and  security',  p.  300,  §  2. 

board  of  inspectors,  p.  300,  §  3. 

duty  of  president  and  secretary,  p.  300,  §  4. 

contracts  submitted  to  board,  p.  300,  §  6. 

rules  and  by-laws,  p.  300,  |  6. 

warehouses  to  be  provided,  p.  301,  §  7. 

tobacco,  by  whom  received,  p.  301  §  8. 

classification  of  the  tobacco,  p.  301,  |  9. 

reinspection,  how  made,  p.  302,  §  10. 

duty  to  be  performed  after  the  inspection,  p.  302,  ^11, 

book  of  inspection,  p.  302,  g  12. 

certificate  of  inspection,  p.  302,  §  13. 

temporary  receipts  to  be  given,  p.  302,  §  14. 

inspectors  not  to  trade  in  tobacco,  p.  302,  §  15. 

number  of  inspectors  to  make  inspection,  p.  303,  §  16. 

to  inspect  only  in  warehouses,  p.  303,  §  17. 

fees,  etc.,  extra  storage,  p.  303,  §  18. 

clerks  employed,  p.  303,  §  19. 

vacancies,  how  filled,  p.  303,  §  20. 

treasurer  of  the  board,  his  oath  and  bond,  p.  303,  §  21. 

duties  of  the  treasurer,  p.  304,  §  22. 

the  books  to  be  open  for  inspection,  p.  304,  §  23. 

state  treasurer  not  to  pay  charges,  etc.,  p.  304,  §  24. 

deputy  inspectors,  p.  304,  §  25. 

certain  laws  repealed, 'p.  305,  §  26. 
TREASURER— CITY,  p.  305. 

shall  receive  and  keep  in  bank  all  moneys,  etc.,  No.  862. 

to  deposite  the  same  daily.  No.  863. 

to  pay  checks,  etc..  No.  864. 

to  keep  a  check  book,  No.  865. 

to  take  receipts,  etc.,  No.  866. 

his  books  to  be  balanced  weekly,  No.  867. 

to  cancel  weekly  all  paid  warrants,  etc.,  No.  868. 

his  books,  etc.,  No.  869,  r 

his  reports,  Nos.  870,  885. 

money  for  consolidated  loan  tax,  No.  871, 

his  signature,  No.  872. 

to  notify  tax  payers  to  pay  taxes,  No.  873 . 

to  sue  on  unpaid  tax  bills,  No.  874. 

to  give  to  assistant  attorney  certain  bills,  etc.,  No.  875. 

to  make  deposits  of  certain  moneys,  No.  876. 

other  duties,  No.  877. 

his  oath  and  bond,  No.  878. 

his  salary,  No,  879. 
55 


m^ 


TEEAStlREtl— CtDt,  (Oontkuel) 
his  clerks,  No.  880. 

additional  clerks  when  necessary,  No.  881.  ■ 

to  receive  money  only,  etc.,  No.  883. 
to  make  daily  deposits,  No.  884. 
his  weekly  reports,  Nos.  885,  870. 
checks,  how  to  be  drawn,  No.  886. 
check  report,  No.  887. 
deputy  treasurer,  No.  888. 
his  duty  reletive  to  the  comptroller,  p.  56, 
his  duty  relative  to  the  fiscal  agent,  p,  107. 
his  election,  p.  189,  |  24.     Statute, 
duties  and  powers  of  treasurer,  p.  309,  g  31.     Statute, 
his  bond  and  security  and  salary,  p.  310,  §  31.     Statute, 
all  taxes  payable  in  office  of  treasurer,  p.  250,  g  106.     Statute, 
notice  to  be  given  by  treasurer,  p.  251,  §  107,     Statute. 
TREES,  p.  310. 

TRUMPETS,  not  to  be  blown,  etc.,  No.  501. 
VAGRANTS  AND  VAGABONDS,  p.  182,  ^  120,  121,  123,  125. 
VAGRANTS  JUVENILE,  p.  182,  g  122,  p.  374.  See,  in  index,  *' House  of  Refuge." 
VEHICLES,  p.  311. 

not  to  run  without  license.  No.  892, 

mayor  to  keep  a  list  of  owners  of  vehicles,  etc.,  No.  893. 

licenses,  when  to  expire,  No.  894. 

tax  to  be  paid  before  license  granted.  No.  895. 

to  be  paid  yearly  in  advance.  No.  896.  ; 

responsibility  for  others,  No.  897.  ;, 

numbers  to  be  painted,  etc.,  No.  898.  i 

penalty  for  neglect.  No.  899.  IX 

branding  vehicles,  Nos.  900,  915. 

contractora,  only  to  brand.  No.  901. 

defaced  numbers,  No.  902. 

fast  driving,  Nos.  903,  904. 

road  regulations,  No.  905. 

accidents  caused  by  vehicles.  No.  906. 

refusal  to  take  loads,  No.  907. 

what  shall  constitute  a  load,  No.  908. 

drivers  forbidden  to  leave  their  seats,  Nos.  909,  910.  .i 

drivers  using  insulting  language,  threatening,  etc.,  No.  911. 

what  shall  be  a  competent  court,  No.  912. 

printing  of  this  ordinance,  No.  913. 

branding,  Nos.  915.  900,  918. 

vehicles  on  the  landings  of  canals.  No.  119, 

conveying  gun  powder,  No.  352. 

omnibuses  to  be  numbered.  No.  917.  » 

vehicles  to  be  numbered  and  branded,  Nos.  918,  915,  900.  i 

vehicles  on  wharves,  No.  919. 


INDEX.  435 

VEHICLES,  {Continued.)  j 

residence  of  drivers,  No,  920. 

city  carts,  No.  921. 

driving  on  certain  bridges.  Nos.  922-3-4-6-7.  / 

stands  or  stations  for  vehicles,  Nos.  928,  929,  930. 

penalty  for  using  other  stands.  No.  931.  a 

their  positions  at  their  stands,  No.  932.  ,-•       *'' 

relative  to  drivers — their  age,  etc.,  933.  ii 

to  remove,  to  permit  cleaning  of  streets,  No,  934.  zr 

tariff  of  charges,  in  cabs  and  carriages,  No.  935.  ••» 

not  to  stand  on  Chartres  or  Royal  streets,  No.  936.  ,  • 

may  stand  on  any  cross  streets,  etc.,  No.  937. 

penalties  for  over  charges.  No.  938. 

hack  and  cab  charges,  Nos.  939,  940,  941 . 

not  to  remain  idle  in  streets,  No .  942. 

pound  fees,  No.  943. 

branding  vehicles,  etc.,  No.  944. 

their  position  at  places  of  amusement.  No.  13. 

taxes  and  licenses,  Nos.  706,  707,  708. 

conveying  slaves  forbidden,  No.  761. 

market  carts,  No.  433. 

decisions  of  Supreme  court,  p.  323.  ,, 

VESSELS,  canal  regulations,  p.  32. 

conveying  gun  powder,  No.  350.  /v 

master  and  port  wardens,  p.  157. 

duties  of  harbor  masters,  p.  118. 

duties  of  wharfingers,  p.  329. 

quarantine  laws,  p.  120. 

report  to  be  made  to  mayor  by  captains,  etc.,  p.  128,  §  11.  , 

slaves  and  free  persons  of  colour,  p.  257. 

wharves,  levee,  etc.,  p.  332. 
VITRIOL  A.ND  AQUA  FORTIS,  not  to  be  kept,  etc.,  No.  525. 
VOTERS,  registry  of,  pp.  233,  386. 

elections,  p.  86. 

election  law  of  1857,  p.  368. 
WALLS,  FENCES,  etc.,  p.  26. 

WARDENS  OF  THE  PORT,  p.  157.  See,  in  index,  "Master  and  Wardens." 
WATCHMEN,  p.  202.     See,  in  index,  "  Police." 
WATER  WORKS  AND  GAS  COMPANIES,  p.  324. 

obstructing  streets.  No.  945. 

street  commissioner's  duty,  No.  946. 

paving  and  banquetting.  No.  947. 

general  powers  of  water  works  company,  p.  324,  §  4.     Statute. 

exclusive  privilege  of  supplying  water,  p.  325,  §  4.     Statute. 

right  of  city  to  purchase  the  water  works,  etc-,  p.  325,  ^  4.     Statute. 

one  hundred  thousand  dollars  to  be  annually  expended,  p.  325,  |  11. 

limitation  of  profits,  p.  326,  §  11.     Statute. 

city  council  to  appoint  committee,  p.  326,  §  11.    Statute. 


436  ii^DEX. 

WATER  WORKS  AND  GAS  COMPANIES,  {Continued.) 

right  of  city  to  subscribe  to  stock,  p.  32ft,  I  21.     Statute. 

city  to  appoint  two  directors,  p.  326,  ^  22.     Statute. 

the  corporation  to  be  supplied  with  water  free  of  expense,  p.  327,  §  38. 

hydrants  to  be  placed  in  front  of  each  square,  p.  327,  §  38.     Statute. 

price  of  the  works,  if  city  desires  to  purchase,  p.  327,  §  42,     Statute. 

bonds  of  city  to  be  renewed,  etc.,  p.  327,  §  43,     Statute. 

hydrants  to  be  opened,  etc.,  p.  328,  §  1.     Statute. 

water  pipes  to  be  extended,  p.  328,  §  2.     Statue. 

city  authorized  to  purchase  the  water  works,  p.  328,  §  3.     Statute. 

rights  of  the  directors  of  the  city,  p.  329,  §  4.     Statute. 

no  dividend  to  be  made  until,  etc.,  p.  329  §  5.     Statute. 

meeting  of  the  stockholders,  etc.,  p.  329,  §  6.    Statute. 

decision  of  the  Supreme  court,  p.  329. 
WEAPONS,  carrying  concealed,  p.  182,  g  115,  p.  184. 
WEIGHTS  AND  MEASURES,  inspection  of,  p.  351.  :  Statute. 

governor  to  obtain  weights  and  scales  to  be  the  standard,  etc.,  p.  351,  |  1. 

persons  to  seal  weights — inspectors,  p.  351,  §  2. 

duty  of  inspectors,  p.  351,  f  3. 

penalty  for  neglecting  certain  duties,  p.  352,  §  4. 

council  authorized  to  pass  ordinances,  p.  352,  §  4. 

weights  and  measures  for  every  parish,  p.  352,  ^  5. 

inspectors  in  New  Orleans  to  procure  weights  and  measures,  p.  352,  §  6. 

fees  of  inspectors,  etc,  p.  352,  g  7. 

vacancies — how  filled,  No.  352,  ^  8. 

inspectors  are  alone  authorized  to  stamp  weights,  etc.,  p.  352,  §  9. 

penalty  for  buying  or  selling  by  other  standards,  p.  352,  ^  10. 

penalty  for  using  false  stamps  or  seals,  p.  353,  §  11. 

penalty  for  selling  unstamped  measures  and  weights,  353,  |  12. 

assistants  of  inspectors,  p.  353,  |  13. 

barrel,  half  barrel  and  quarter  barrel,  p.  353,  §  14. 

coal,  grain,  etc.,  by  what  measure  sold,  p.  353,  §  15. 

returns  to  be  made  by  inspectors,  p.  353,  ^  16.  '^* 

scales  and  weights  for  markets,  No.  429. 
WHARFINGERS,  p.  329. 

annual  election  of  wharfingers,  and  assistants,  No.  949, 

daily  reports  of  assistant  wharfingers,  No.  950. 

weekly  reports  of  wharfingers,  Nos.  951,  959. 

office  hours — compensation,  etc.,  No.  952. 

their  bonds  and  security,  No.  953. 

wharfingers'  districts,  No.  965. 

monthly  pay-rolls  to  be  returned,  No.  956. 

wharfingers  not  to  act  as  collectors,  etc.,  No.  957. 

laborers  of  wharfingers.  No.  958. 

the  wharfingers  shall  keep  certain  lists,  journals,  etc.,  No.  960. 

to  place  steamboats,  vessels,  etc.,  No.  961. 

to  see  that  produce,  merchandise,  etc.,  do  not  encumber  the  ievee, 
Nos.  962,  988,  p.  207.  .,,.,.,.. 


^t}   0 


INDEX.  437 

WHARFINGERS,  {Continued.) 

duty  as  to  taking  sand  from  batture,  etc.,  No.  68. 

to  superintend  flatboat  basin,  etc.,  No.  342, 
See  "  Harbor  Masters,"  p.  118. 
See  *'  Master  and  Wardens,"  p.  157. 
WHARVES,  WHARFAGE,  PORT,  etc.,  p.  332. 

sale  of  the  revenues  of  the  wharves.  No.  964. 

wharves  for  this  purpose  divided  into  six  sections.  No.  966. 

how  to  be  sold.  No.  966. 

purchaser  subrogated  to  rights  of  city.  No.  967. 

purchaser  not  to  transfer,  etc.,  No.  968. 

what  the  city  reserves.  No.  969. 

purchasers  to  give  bonds  and  good  security,  No.  970. 
to  give  certain  promissory  notes,  No.  971. 

notes,  how  payable,  No.  972, 

the  wharves  to  be  kept  in  good  order,  No.  973. 

how  far  levees  to  extend,  No.  974. 

the  levee  repairs,  in  what  to  consist.  No.  975, 

the  wharf  repairs,  in  what  to  consist,  Nos.  976-7-8-9,  980. 

works  and  repairs,  under  whose  supervision,  No.  982. 

repairs  and  notice  to  repair,  No.  983. 

consequence  of  neglect  to  repair.  No.  984. 

failure  to  pay  instalments.  No.  985. 

spars,  timber,  planks,  etc..  No.  986. 

responsibillity  in  damages,  No.  987. 

removal  of  merchandize.  No.  988.   See  p.  207. 

police  regulations  and  wharfage  dues.  No.  989. 

sale  not  to  be  valid  unless,  etc.,  No.  990. 

council's  right  to  reject  adjudications,  No.  991. 

wharfage  dues,  Nos.  998,  999,  1000,  1001. 

small  craft,  No.  994. 

vessels,  etc.,  how  long  to  remain  in  port,  Nos.  995-6. 

wharfage  dues  on  steamboats,  No.  1002. 
on  barges.  No.  1003. 
on  pirogues.  No.  1004. 

towboat  wharves,  Nos,  1005,  1020. 

towboats  not  to  use  other  wharves.  No.  1006. 
violating  this  ordinance.  No.  1007. 
tax  on  them.  No.  1008. 

boats  laying  up.  No.  1010. 

flatboats  breaking  up.  No.  1011,  1015. 

flatboat  landing,  Nos.  1018,  1016. 

ship  and  steamboat  landing,  No.  1014. 

steamship  landing.  No.  1017. 

extension  of  steamboat  landing,  Nos.  1018,  1021. 

schooner  landing.  No.  1019. 

schooner  and  steamboat  landing,  No.  1022. 

steam  packet  landing,  No.  1023. 


438  INDEX. 

WHARVES,  WHARFAGE,  PORT,  etc.,  {Continued.) 

pirogue  landing,  No.  1024. 

dry  dock,  etc..  No.  1025. 

upper  steamboat  landing,  No.  1026. 

nuisance  wharves  and  boats.  No.  1027. 

schooners,  No.  1028. 

vehicles  on  wharves.  No.  1029. 

salt  on  levee,  etc.,  No.  1030.       .il.v.f* 

coal  on  levee,  etc..  No.  1031. 

horses  for  loading,  No.  1032. 

rules,  etc.,  of  canals,  p.  32. 

flatboats,  flatboat  basin,  etc,  p.  110. 

concerning  arrival  and  removal  of  vessels,  p.  349,  §  1 .     Statute. 

city  authorized  to  charge  wharfage,  p.  S49,  §  24.     Statute, 

port  to  be  regulated  by  the  council  in  a  certain  manner,  p.  350,  ^  1. 

crafts  of  planters  bringing  vegetables,  p.  350,  §  1.    Statute. 

decisions  of  Supreme  court,  p.  350. 
WOMEN— LEWD,  pp.  141,  376.     See,  in  index,  "Lewd  Women." 
WOODEN  BUILDINGS,  p.  30.     See,  in  index,  "  Buildings." 
WORK-HOUSE,  PRISONS,  etc.,  p.  353. 

city  police  jail.  No.  1033. 

certain  offices  abolished.  No.  1034. 

first  district  lock-up.  No.  1035. 

warden  and  deputy  warden.  No.  1036. 

duty  of  warden.  No.  1037. 

his  reports.  No.  1038. 

duty  of  deputy  warden.  No.  1039. 

warden's  ofificers.  No.  1040. 

salaries.  No.  1041. 

neglect  of  duty.  No.  1042. 

supplies,  No.  1043. 

duty  of  warden  to  have  cannon  fired,  etc.,  No.  1044. 

vagrants  from  parish  of  Jefferson,  No,  1045. 

committees  on  prisons,  etc.,  their  duty.  No.  1046. 

clerks  of  recorders  to  make  reports,  No.  1047; 

warden's  reports.  No.  1048. 

provisions.  No.  1049. 

requisitions.  No.  1060. 

warden's  accounts.  No.  1051. 

officers  of  the  work-house,  No.  1053.  ,  , 

salary  of  warden,  No.  1054. 

charge  for  support  of  prisoners.  No.  1055.     .-    .,^//- 

employment  of  prisoners,  No.  1056. 

officers  absenting  themselves.  No.  1057. 

sick  prisoners.  No.  1058. 

sheriff's  compensation  for  keeping  prisoners,  No.  1059. 

sale  of  lease  of  work  house,  No.  1060. 

price,  how  payable,  No.  1061. 


^m 


i 


WORlt-ttOtTSfi,  I>ttlSONS,  etc.,  (Continued,) 

lessee  to  take  charge,  No.  1062. 

labor  of  prisoners,  Nos.  1063-4. 

officers,  No.  1065. 

reception  and  discharge  of  prisoners,  No.  1066. 

keeping  of  prisoners.  No.  1067. 

their  rations,  clothes,  etc.,  No.  1068. 

city  officers  to  have  free  access,  etc.,  No.  1069. 

neglect  of  lessee.  No.  1070. 

utensils,  materials,  etc.,  Nos.  1071-2. 

record  of  prisons,  No.  1073. 

violation  of  contract.  No.  1074. 

former  police  regulations,  No.  1075. 

burial  of  deceased  persons,  No.  139. 

committees  on  work-house,  etc.,  p.  48. 

council  authorized  to  create  work-house,  p.  360,  §  1,  2.     Statute. 

vagrants,  p.  361 ,  |  4. 

security  required  of  vagrants,  p.  361,  §  5. 

imprisonment  in  work-house,  p.  361,  §  5. 

incorrigible  vagrants,  p.  361,  §  6. 

powers  of  criminal  court,  p.  362,  g  7. 

certain  persons  to  depart  and  remain  out  of  the  State,  p.  362,  ^  8. 

this  act  to  apply  to  parish  of  Jefferson,  p.  362,  §  9. 

committee  on,  p.  48. 
WORKMEN,  p.  26. 
WRONaS,  etc.,  p.  172.    See,  in  index,  "  Offenses." 


f 


J 


r^ 


RETURN     CIRCULATION  DEPARTMENT 
TO^^-     202  Main  Library 


t  LOAN  PERIDD  1 
"    HOME  USE 

2                       ; 

3 

4 

5                             ( 

S 

ALL  BOOKS  MAY  BE  RECALLED  AFTER  7  DAYS 

1  -month  loons  may  be  renewed  by  colling  642-3405 

6-month  loons  moy  be  recharged  by  bringing  books  to  Circulation  Desk 

Renewols  and  recharges  may  be  mode  4  days  prior  to  due  dote 

DUE  AS  STAMPED  BELOW 

SEP  0  fi  IQQl 

'^**'     V  U  |*^^j 

4 

^^fomm^i 

'91 

-^^^  0  8  1995 

•ri 

JM  1  ^:  2003 

UNIVERSITY  OF  CALIFORNIA,  BERKELEY 
FORM  NO.  DD6,  60m,  12/80       BERKELEY,  CA  94720 

V  •> 


s .     -> 


I 


.C.  BERKELEY  LIBRARIES 


CQ35tD3batl 


992289 


A' 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


iWlWia 


# 


,w 


